Tarsem Lal vs Balwinder Lal

V. K. Jhanji, J.

Present petition under Section 482, Cr.P.C. has been filed for the quashing of the complaint, Annexure P1 and the summoning order passed by the Judicial Magistrate 1st Class, Amritsar, Annexure P2 and the proceedings pending in the complaint on the ground that the allegations made in the complaint are highly improbable and the whole family of Babu Ram petitioner has been implicated at the instance of one Nand Lal and others against whom petitioners, Tarsem Lal, Thuro Devi and Prem Chand had filed a complaint which is pending in the Court of Judicial Magistrate, Pathankot, in which the accused have been summoned.

According to the petitioners, the complaint has been filed against them so as to put pressure on them to withdraw their complaint against Nand Lal and others.

Notice of this petition was given to the respondents and Mr. D. S. Pheruman, Advocate has put in appearance on their behalf. Respondents have filed reply to the petition in which they have denied the averments made in this petition.

After hearing the learned counsel for the parties, I find that no case is made out for the quashing of the complaint. The Judicial Magistrate has summoned the petitioners after going through the preliminary evidence and on finding that there is sufficient ground to proceed against the petitioners under Section 323 read with Section 34 of the Indian Penal Code.

However, in the circumstances of this case, I am of the view that the personal appearance of the petitioners shall not be insisted upon and they shall be allowed to appear before the Court through their counsel, on their giving an undertaking that they would appear in person as and when required by the Court.

Parties through their counsel are directed to appear before the Judicial Magistrate on 14.11.1994.

This petition stands disposed of accordingly.