RAJINDER SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Rajinder Singh, the petitioner herein, vide instant petition under Section 482 of the Code of Criminal Procedure (for short "Code") has prayed for quashing of the order dated 21.10.2008 passed by learned ACMM, Karkardooma Courts in Complaint Case No.686/2004 whereby the petitioner has been summoned to undergo trial for the offences punishable under Section 406 and 420 IPC. Petitioner has also prayed for quashing of the order of the learned Additional Sessions Judge III (East), Karkardooma Courts in Criminal Revision No.10/2009 filed against the above referred order of the learned ACMM whereby he added Sections 468 and 471 to the summoning order passed by the learned ACMM.

(2.) Briefly stated, facts relevant for the disposal of this petition are that respondent No.2 filed a criminal complaint against the petitioner and three others being CC No.686/2004 under Sections 420, 465, 467, 468, 469, 471 and Section 120B IPC in the court of learned ACMM, Karkardooma Courts. On conclusion of preliminary inquiry, learned ACMM summoned the petitioner only for standing trial for the offences punishable under Section 406 and 420 IPC. Learned ACMM, however, was of the view that no case for summoning of other three accused was made out.

(3.) Feeling aggrieved by non-summoning of other three accused persons, respondent No.2 preferred a revision petition against the impugned order dated 21.10.2008 of learned ACMM. Revision petition was filed by making State as respondent and the petitioner was not arrayed as a respondent in the petition. Learned Additional Sessions Judge also did not bother to direct respondent No.2 to implead the petitioner and three others as respondents in his revision petition. Learned Additional Sessions Judge vide his impugned order dated 20.03.2009 declined to interfere with the order of learned ACMM so far as non-summoning of other three persons arrayed as accused in the complaint is concerned. He, however, took the view that the complaint and material on record also disclosed commission of offences punishable under Section 468 and 471 IPC by the petitioner, as such he revised the order of the learned ACMM by adding Section 468 and 471 to the summoning order.