Jasvir Singh and Others vs Deepa Kaur

Prafulla C. Pant, J.—Heard.

By means of this petition moved u/s 482 of Code of Criminal Procedure., the Petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 1151 of 2011, Smt. Deepa Kaur v. Suresh Gulati and Ors., relating to offences punishable u/s 147, 148, 323, 342, 504 and 506 I.P.C., Police Station Nanakmatta, District Udham Singh Nagar, pending in the court of Additional Judicial Magistrate, Khatima, District Udham Singh Nagar.

Learned Counsel for the Petitioners drew attention of this Court to the statement of Deepa Kaur (complainant) recorded u/s 200 of Code of Criminal Procedure., copy of which is annexed as Annexure-2 to the petition. In her statement complainant has named only three accused namely Suresh Gulati, Pappu Gulati and Dharamveer Gulati, who wrongfully confined her, and threatened her. The Petitioners are six persons namely Jasvir Singh, Trilochan Singh, Bablu, Khushal Singh, Santa Singh and Gurdeep Singh @ Gopi. None of them are named by the complainant in her statement recorded u/s 200 of Code of Criminal Procedure.

Not only complainant, even witness Gurjit Kaur examined u/s 202 of Code of Criminal Procedure., has not named Petitioners Jasvir Singh, Trilochan Singh, Bablu and Khushal Singh. Copy of her statement is annexed with Annexure-2 of this petition. Also, perused the copy of statement of Sumita Kaur examined u/s 202 of Code of Criminal Procedure., by the Magistrate. In said statement also none of the Petitioners Jasvir Singh, Trilochan Singh, and Khushal Singh are named. However, names of Petitioner No. 5 Santa Singh, and Petitioner No. 6 Gurdeep Singh @ Gopi do figure in the statement of the two witnesses examined u/s 202 Code of Criminal Procedure , along with accused Suresh Gulati and Pappu Gulati.

It is contended on behalf of the Petitioners that though the Petitioners are not named by the complainant, still the Magistrate has summoned as many as ten accused including the Petitioners to face the trial.

Having gone through the certified copies of the statements of complainant recorded u/s 200 of Code of Criminal Procedure and that of the witnesses recorded u/s 202 of Code of Criminal Procedure., this Court finds that the impugned summoning order appears to have been passed by the Magistrate against three Petitioners namely Jasvir Singh, Trilochan Singh, and Khushal Singh, without there being any iota of evidence to summon them to face the trial. Therefore, the impugned proceedings are liable to be quashed, in respect of the said three accused. However, as to the remaining Petitioners, and other accused, this Court is not inclined to interfere with the trial of the case.

Therefore, this petition u/s 482 of Code of Criminal Procedure , is partly allowed. proceedings of Criminal Complaint Case No. 1151 of 2011, Smt. Deepa Kaur v. Suresh Gulati and others, pending in the court of Additional Judicial Magistrate, Khatima, in respect of offences punishable u/s 147, 148, 323, 342, 504 and 506 I.P.C., are quashed as against the Petitioners Jasvir Singh, Trilochan Singh and Khushal Singh. However, in respect of the remaining Petitioners Bablu, Santa Singh and Gurdeep Singh @ Gopi, and other four accused namely Suresh Gulati, Dharamveer Gulati, Pappu Gulati and Lal Bahadur, the proceedings are not interfered with.