Amar Singh And Others v. Balbir Singh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-3033 of 2016 Date of decision : 28.01.2016 Amar Singh & ors.

....Petitioners V/s Balbir Singh & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Ms. Manpreet Ghuman, Advocate for the petitioners. RAJAN GUPTA J.

Petitioners has sought quashing of orders dated 06.01.2016 & 18.05.2015 respectively whereby application for framing of additional charge has been dismissed. I have heard learned counsel for the petitioners. It appears that a complaint was lodged by petitioners. They alleged that respondents had trespassed into their house and caused injuries. They examined five witnesses in preliminary evidence. On consideration of same, charge was framed under sections 148/149/323/506 IPC. Aggrieved, petitioners moved the court of Additional Sessions Judge, Patiala against the impugned order. They pleaded that additional charge needs to be framed under sections 452 & 455 IPC. I find no infirmity with the orders passed. At the stage of framing of charge, only prima facie evidence is to be seen.

Both the courts felt that there was no ground for summoning the accused for trial under sections 452 & 455 IPC. No case has been made out for differing with the conclusion arrived at by the courts below. There is no merit in the petition. Dismissed. January 28, 2016 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2016.02.