Crl. Misc. No. M-15928 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15928 of 2009 Date of Decision: November 27, 2009 Bhagwan Dass and others … Petitioners Versus Mangat Ram and another … Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND Present : Mr. Narender Kumar, Advocate, for Mr. A.S.Kalra, Advocate, for the petitioners. Mr. Arshvinder Singh, DAG, Punjab. *** S.D. Anand, J. It is being beyond the pale of controversy that the petitioners earlier had been tried in case FIR No.21 dated 30.12.2000, under Sections 498-A, 304-B IPC, P.S. Fazilka on these very allegations. Petitioner No.1 - Bhagwan Dass was convicted, petitioner No.2-Des Raj, petitioner No.3-Lekh Raj, petitioner No.4-Sham Lal were acquitted; while the petitioner Nos.6 & 7 had not even been tried in that case inasmuch as they had been shown in column No.2. There was a plea, in the course of the trial, under Section 319 Cr.P.C. for the summoning of petitioner Nos.5 to 7, which was declined by the learned Trial Court. That matter, declining the plea under Section 319 Cr.P.C., Crl. Misc. No. M-15928 of 2009 -2- attained finality as it never came to be challenged. In the light of the above facts, it is clear that the continuation of the proceedings in a private complaint on those very allegations is a sheer abuse of the process of the Court and it amounts to double jeopardy. In the light thereof, this petition shall stand allowed. The complaint (Annexure P-1) and also the summoning order dated 11.06.2002 (Annexure P-2) shall stand quashed. Disposed of accordingly. November 27, 2009 ( S.D. Anand ) vinod Judge