The High Court dismissed a petition under Section 482 CrPC seeking quashing of a summons. The single judge held that the trial court was within its powers to entertain a private complaint even after accepting a closure report, as res judicata does not apply.
Petition filed for quashing summoning order dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Crm. M. No. 13953 of 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crm. M. No. 13953 of 2014 Date of decision: 23-5-2014
Avtar Singh @ Babbu
… Petitioner
versus
Jatinder Singh … Respondent
CORAM: HON’BLE MR. JUSTICE M. JEYAPAUL
Present: Mr. Gulzar Mohd., Advocate, for the petitioner
M. JEYAPAUL, J:
Singh Jagjit 2014.05.27 15:25 I attest to the accuracy and integrity of this document High Court, Chandigarh
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Crm. M. No. 13953 of 2014
partly allowed by the revisional Court vide order dated 13.9.2012, directing the trial Court to restore the protest petition, permit the complainant to lead further evidence and pass appropriate orders in accordance with law. Trial Court took the protest petition on its file as per directions of the revisional Court and afforded an opportunity to the complainant who failed to lead evidence. Resultantly, the protest petition was dismissed vide order dared 24.10.2013.
Singh Jagjit 2014.05.27 15:25 I attest to the accuracy and integrity of this document High Court, Chandigarh
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Crm. M. No. 13953 of 2014
such a situation. Therefore, I find that there is no error in the summoning order passed by the trial Court entertaining the private complaint and the evidence adduced by the complainant substantiating prima-facie the allegations made in the complaint. The petition is, therefore, dismissed.
May 23, 2014 JS
( M. JEYAPAUL ) JUDGE
Singh Jagjit 2014.05.27 15:25 I attest to the accuracy and integrity of this document High Court, Chandigarh
2 issues framed by the court
Whether a trial court has the power to entertain a private complaint after accepting the closure report and dismissing the victim's protest petition.
Whether the principle of res judicata applies to a private complaint filed after a withdrawal of investigation based on a closure report.
2 provisions across 2 enactments
Avtar Singh @ Babbu
Jatinder Singh
M. JEYAPAUL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
