Kashmir Singh And Others vs Sucha Singh
2022 Latest Caselaw 1259 P&H

                                 In virtual Court


CRM-M-2403-2016                                                         -1-



           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                CRM-M-2403-2016 (O&M)
                                                Date of decision: 07.03.2022

Kashmir Singh and others
                                                                    ... Petitioners



                                          Vs.


Sucha Singh
                                                                   ... Respondent
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:     Mr. Sarabjit Singh, Advocate
             for the petitioners.

             Mr. P.S. Brar, Advocate
             for the respondent.

                   *******
ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for quashing of complaint No.89 dated

09.01.2010 titled as Sucha Singh Vs. Kashmir Singh and others, under Section

3(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 (for short 'SC&ST Act') read with Sections 506/511 of the Indian

Penal Code (for short 'IPC') as well as the summoning order dated 02.06.2015

(Annexure P-5).

Brief facts of the case are that respondent Sucha Singh filed a

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complaint under Section 3(10) of SC&ST Act read with Sections 323/506 IPC

against the petitioners. The Judicial Magistrate 1st Class, after recording the

preliminary evidence, vide order dated 01.03.2014, dismissed the complaint.

Thereafter, respondent Sucha Singh challenged the said order before the Court

of Sessions by way of filing revision petition, which was allowed and the case

was remanded back to the trial Court to decide afresh.

Learned counsel for the petitioners, at the very outset, referred to a

judgment of the Hon'ble Supreme Court in Mohit @ Sonu Vs. State of U.P.,

wherein it is held that once an order of discharge or acquittal is passed by the

trial Court or trial Court do not summon an accused, it gives a vested right in

favour of the accused that as and when a revision or an appeal is filed, the same

cannot be decided, without affording an opportunity of hearing to the concerned

accused persons. Learned counsel has referred to the order dated 08.07.2014

(Annexure P-6), to submit that after hearing learned counsel for

complainant/revisionist Sucha Singh, revision was allowed and the matter was

remanded back to the trial Court.

Learned counsel has further submitted that in pursuance of the

remand order, the trial Court passed fresh order on 02.06.2015, summoning the

petitioners under Section 3(10) of SC&ST Act read with Sections 506/511 IPC

and petitioners have put in appearance.

Learned counsel for the respondent has not disputed the factual

position.

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After hearing learned counsel for the parties, this petition is

allowed and the order dated 08.07.2014 (Annexure P-6) passed by the

Additional Sessions Judge, Amritsar, remanding the case back to the trial Court

for fresh decision, is set aside.

Resultantly, the impugned order dated 02.06.2015 (Annexure P-5)

passed by the trial Court, summoning the petitioners, is also set aside.

The matter is remanded back to the Court of Sessions to decide

afresh, after affording an opportunity of hearing to the petitioners.

The parties are directed to appear before the revisional Court on

09.05.2022.

Disposed of, accordingly.

                                             [ ARVIND SINGH SANGWAN ]
07.03.2022                                             JUDGE
vishnu


Whether speaking/reasoned : Yes/No

Whether Reportable          : Yes/No




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