PARTIBHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed against the judgment and order of Punjab and Haryana High Court dated 10.01.2017. The High Court vide impugned judgment has allowed the application filed by respondent no. 2 under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') by setting aside the order dated 06.01.2015 passed by the Judicial Magistrate (Ist Class), Rohtak summoning respondent no. 2 as an additional accused as well as order of the Additional Sessions Judge, Rohtak dated 01.06.2015 dismissing the revision filed by respondent no.

(3.) The appellant lodged a complaint dated 004.2010 under Sections 106, 341, 420, 506 and 341 of the Indian Penal Code, 1860 (IPC), which was forwarded by the office of Inspector General of Police to the Police Station, Civil Lines, Rohtak. After investigation final report was submitted by the police. The charge sheet was submitted by the police against Subhash and respondent no. 2/Sunita was kept in Column No. 2 and was not arrested. The trail proceeded before the Trial Court. The statement of the appellant, who was the complainant, was recorded on 27.5.2014. An application dated 25.11.2014 was filed by the appellant under Sec. 319 Crimial P.C. for summoning respondent no. 2 to face the trial. The learned Magistrate heard the application of the appellant and by order dated 06.01.2015 allowed the application and summoned respondent no. 2. Against the order dated 06.01.2015, criminal revision was filed by respondent no. 2 before the Court of Additional Sessions Judge, Rohtak. Learned Additional Sessions Judge, Rohtak after hearing the parties upheld the order passed by the Magistrate summoning respondent no. 2 by dismissing the revision. Aggrieved against the order of Additional Sessions Judge, an application under Sec. 482 Crimial P.C. was filed. The High Court vide its impugned judgment had allowed the said application and quashed the orders passed by the Magistrate as well as Additional Sessions Judge. Aggrieved by the said order the appellant (Complainant) is before us.