Jugraj Singh Th Lr v. State Of Punjab & ORS

CRM-M-6661-2015 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Misc. No.M-6661 of 2015 (O&M) Date of Decision: April 30, 2015.

Jugraj Singh deceased through LR ......PETITIONER(s).

VERSUS

State of Punjab and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sandeep Punchchi, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.(Oral) Heard.

The application filed by the prosecution under Section 319 Code of Criminal Procedure in case bearing FIR No.146 dated 29.06.2005 for offence punishable under Section 409 read with Section 34 of Indian Penal Code to summon private respondents Tejinder Singh @ Danny son of Jugraj Singh and Ramandeep Singh @ Raman son of Jujhar Singh respectively was dismissed by the trial Court. The revision against the order of the trial Court was also dismissed. Learned counsel for the petitioner has argued that in the FIR, the allegations were levelled that on 29.06.2005, both the respondents came on a motorcycle when the petitioner along with his father was in the SACHIN MEHTA 2015.05.04 09:53 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-6661-2015 -2market of Zira and threatened them not to demand their due amount from their father, otherwise, they will eliminate them. On perusal of statements of eight witnesses recorded by the time, the revisional Court decided the matter on 18.11.2014, it has been observed that there is no specific allegation and the trial Court has also observed that the mere allegation of threat finds no corroboration so as to summon the private respondents.

On perusal of the orders of the Courts below, I find no legal or factual infirmity therein calling for any interference. This petition has no merits. Dismissed.

( SURINDER GUPTA ) April 30, 2015.

JUDGE Sachin M.

SACHIN MEHTA 2015.05.04 09:53 I attest to the accuracy and authenticity of this document Chandigarh