Punjab-Haryana High Court
Kala Singh @ Hardeep Singh vs State Of Punjab And Another on 16 April, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2024:PHHC:063612
CRM-M-51769-2023 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
121
CRM-M-51769-2023
Date of decision : 16.04.2024
Kala Singh @ Hardeep Singh ...... Petitioner
versus
State of Punjab and another ...... Respondents
CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. Suresh Singla, Advocate
for the petitioner.
****
PANKAJ JAIN, J. (Oral)
1. By way of petition filed under Section 482 Cr.P.C.,
petitioner prays for quashing of complaint dated 06.01.2016 (Annexure
P-2) filed by respondent No.2 before JMIC, Talwandi Sabo. Further
prayer is for quashing of the summoning order dated 13.01.2021
(Annexure P-3), whereby petitioner alongwith 08 other co-accused have
been summoned to face trial for offences punishable under Sections
323, 324, 447, 427 and 148, 149 of IPC as well. In the alternate, the
petitioner prays for setting aside of the impugned order dated
03.03.2023 (Annexure P-5), whereby the application filed by
complainant/respondent No.2 seeking committal of the trial to Session
Court stands allowed.
2. At the outset, counsel for the petitioner submits that he
presses for the alternative relief and would want to address arguments to
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Neutral Citation No:=2024:PHHC:063612
assail orders dated 03.03.2023 (P-5), whereby the complaint trial
pending against the petitioner before JMIC, Talwandi Sabo has been
committed to Session Court.
3. The ground canvassed is that by committal of the trial to
the Session Court despite the fact that there is no offence exclusively
triable by the Session Court, the petitioner shall loose his remedy in the
case he is convicted on trial.
4. I have heard counsel for the petitioner and have carefully
gone through the records of the case.
5. Counsel for the petitioner admits that out of the same
occurrence on complaint made by his co-accused Gurjant Singh, FIR
No.57 dated 20.05.2015 was registered for offences punishable under
Sections 307, 336, 323, 447, 511, 148, 149 and 120-B of IPC (Section
325 of IPC added later on) and Sections 25 & 27 of Arms Act registered
at Police Station Talwandi Sabo, District Bathinda against 12 persons
including the complainant in the present case.
6. Police report has been filed and the trial is now pending
before the Session Court. Out of the same occurrence of 19.05.2015,
present complaint trial has arisen. Though, the petitioner and co-
accused have been summoned to face trial qua offences out of which
none is exclusively triable by Session Court. However, trial Court in
order to avoid contradictory decisions has committed the complaint
case to Session Court.
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7. In the considered opinion of this Court, the order passed by
the Court below is in-conformity with law. Section 323 of the
procedure code specifically provides that if, in any enquiry into an
offence or a trial before a Magistrate, it appears to him at any stage of
the proceedings before signing judgment that the case is one which
ought to be tried by the Court of Session, he shall commit it to that
Court.
8. Considering the facts that both the cases have arisen out of
the same occurrence, I concur with the opinion formulated by JMIC,
Talwandi Sabo with the present case is one which ought to be tried by
the Court of Session and thus there is no ground to interfere in the
impugned order dated 03.03.2023 (Annexure P-5).
9. For the reasons recorded above, the present petition is
dismissed.
(PANKAJ JAIN)
JUDGE
16.04.2024
Dinesh
Whether speaking/reasoned : Yes
Whether Reportable : No
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