CRM No.M-21923 of 2011(O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-21923 of 2011(O & M) Date of decision : 3.8.2011 Bhupinder Kumar @ Papi ........Petitioner Vs. Ravi Pal ......Respondent CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.B.D.Sharma, Advocate, for the petitioner --- AJAI LAMBA, J (Oral) : This petition has been filed under Section 482 of Criminal Procedure Code for quashing Criminal Complaint No.822/1/09 instituted on 16.10.2007 titled as Ravi Pal v. Tilak Raj and others, placed on record as Annexure P-1, and order of summoning dated 13.8.2010 passed by Judicial Magistrate Ist Class, Jalandhar, placed on record as Annexure P-2 whereby the petitioner has been summoned to stand trial for commission of offence under Sections 307, 308, 326, 323, 324, 325, 211, 406, 500, 120B and 34 of the Indian Penal Code and also for quashing order dated 11.5.2011 passed by Sessions Judge in revisional jurisdiction, placed on record as Annexure P-8, whereby the summoning of the petitioner has been upheld. On perusal of the record, I find that the petitioner allegedly was armed with the iron rod and gave iron rod blow in the abdomen of the injured. It has also been brought out that 12 injuries have been traced on the person of the injured. CRM No.M-21923 of 2011(O & M) -2- In the face of such circumstances, evidence cannot be taken on affidavits and counter affidavits so as to record a finding that prima facie no offence has been committed and therefore, continuance of proceedings would be an abuse of process of Court and the process of law. Plea of alibi taken, cannot be considered in jurisdiction under Section 482 of the Criminal Procedure Code as it would be a matter of evidence. No ground for interference is made out. The petition is dismissed. (AJAI LAMBA) JUDGE 3.8.2011 akm 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the digest?