Birender and Others vs Birham Parkash and Another

Jaswant Singh, J.—Present petition u/s 482 Cr.PC is for quashing of complaint bearing No. 22 dated 24.2.2010 pending in the court of

ACJM, Rewari and the summoning order dated 22.2.2010 whereby the Petitioners-accused have been summoned to face trial for offences under

Sections 148, 149, 323, 325, 307, 452, 506 and 34 of Indian Penal Code.

The contention raised by the Petitioners was that besides the registration of the FIR at the instance of the complainant-Respondent No. 1, a

private complaint has also been filed by the complainant with respect to the same occurrence and they have been summoned without taking into

consideration the mandate of Section 210 Cr.PC.

During the course of hearing it was noticed that there were two divergent reports by two different DSPs with regard to the alleged occurrence

and, therefore, Inspector General of Police, South Range, Haryana had directed a fresh inquiry to be conducted by the officer of the rank of SP.

At the time of hearing today learned State Counsel has filed a status report by Sh. K. Venkata Ramana, Superintendent of Police, Rewari. In

the report it has been stated that after investigations, it has been found that the offence u/s 307 of Indian Penal Code is not made out and

accordingly the SHO concerned has been directed to complete the investigations.

At this stage learned Counsel for the Petitioners submits that he does not wish to press this petition for quashing of the complaint, however,

liberty be given to the Petitioners to make an appropriate application u/s 210 Cr.PC seeking appropriate directions.

Learned State Counsel and counsel for the complainant, do not have any objection to the same.

In view of the agreed stand the present petition is disposed of as not pressed with the liberty to the Petitioners-accused to make appropriate

application, if so, advised u/s 210 Cr.PC for seeking appropriate remedy before the trial court.

Disposed of in the above terms.