IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc.2892-M of 2008 DATE OF DECISION : OCTOBER 23, 2008 ANGREJ SINGH ETC. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Kamal Narula, Advocate, for the petitioner(s). Mr. KS Sidhu, DAG, Punjab. Mr. Satish Sabharwal, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, seeks quashing of complaint titled 'Smt. Sheelo v. Raj Singh and others', under Sections 436, 427, Indian Penal Code, pending in the court of Judicial Magistrate Ist Class, Ferozepur, as also order dated 17.7.2007, passed by Additional Sessions Judge, Ferozepur. On a consideration of facts, I find that the Magistrate summoned Raj Singh and Gurmej Singh to stand trial for committing offences under Sections 436, 427, Indian Penal Code. It has been observed that there was no evidence to indicate involvement of the other accused as they could not be identified. Therefore, four other persons named in the complaint were not summoned. Criminal Misc.2892-M of 2008 2 A revision was carried by the complainant, which has been allowed. The order of the Magistrate has been modified. The revisional court has observed that Makhan Singh husband of Sheelo-complainant had corroborated the version of the complainant and he had stated that he had identified all the accused, who had set the clothes on fire and caused loss. I have also taken note of the fact that an FIR was lodged. After investigation, however, it was recommended to be cancelled. The report has been considered by the Magistrate while dealing with the issue, particularly noticing that the police report indicates that some occurrence had taken place. While exercising jurisdiction under Section 482, Code of Criminal Procedure, in view of the nature of controversy, noticed above, evidence cannot be taken by way of affidavit and counter affidavit to judge the issue and record a finding that no occurrence had taken place, as is made out from the perusal of the complaint or the orders of summoning. In this view of the matter, the petition is dismissed. October 23, 2008 ( AJAI LAMBA ) Kang JUDGE