IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.28222 -M of 2010 (O&M) DATE OF DECISION : JULY 14, 2011 BALBIR SINGH ....... PETITIONER(S) VERSUS STATE OF HARYANA & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Deepak Sharma, Advocate, for the petitioner(s). Mr. BS Saini, Sr. DAG, Haryana. AJAI LAMBA, J. (Oral) 1 The complaint filed by the petitioner under Sections 323, 506, 452, 148, 149, Indian Penal Code, has been dismissed by Judicial Magistrate Ist Class, Ambala, vide order dated 20.9.2008 (Annexure P-4), finding that sufficient material has not been brought on record so as to summon the accused. 2 The petitioner carried a revision, which has been dismissed vide other impugned order dated 25.11.2009, passed by Additional Sessions Judge, Ambala. 3 The present petition has been argued as if it is a second revision, while making the contention in regard to appreciation of evidence, which is not permissible. 4 Be that as it may, I have also considered the facts and circumstances of the case and the reasons assigned by the Criminal Misc. No.28222 -M of 2010 (O&M) 2 revisional court for upholding the order passed by the Magistrate. 5 The facts are that son of the complainant was married with Neeru daughter of Mewa Singh (accused). Because of a dispute, FIR No.270 dated 20.11.2005 under Sections 498-A, 406, 506, 34, Indian Penal Code, Police Station, Chhapper, District Yamuna Nagar, was registered against Jaswinder Singh and his family members, including the petitioner/complainant and his wife, etc. ASI Gian Chand came to effect arrest in prosecution of the said FIR case. It is alleged that, at that point in time, the private respondents/accused accompanied the ASI and took away the goods. 6 Neither any material evidence has been brought on record nor even the relevant witnesses produced. Other than self serving statement of Jagan Nath, PW-2, there is no other evidence. 7 Considering the facts and circumstances of the case and the fact that the petitioner and his family members were nominated as accused in FIR No.270 dated 20.11.2005, as noticed above, the revisional court has drawn the conclusion for right reasons that commission of offences, prima facie, is not made evident, and no ground for summoning the accused is made out. 8 The petition is, accordingly, dismissed. July 14, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?