(1.) This is a petition u/S. 482 of the Criminal Procedure Code . for quashing the proceedings pending against the petitioner u/Ss. 279/337, Indian Penal Code.
(2.) On 23.10.79, on the statement of one Sanjay Sehgal, an FIR No. 915/79, u/S. 279/337 Indian Penal Code . was registered at P.S. Roshnara Road, against the petitioner. After investigation, the Police submitted its report u/S. 173 Cr. P.C. praying for the cancellation of the case. In fact, the Investigating agency recommended for the registration of a case u/S.182 Indian Penal Code . against the complainant Sanjay Sehgal. For sufficiently long time, no action on this recommandation was taken by the court.
(3.) On'17.12.79, Shri Mahinder Lal, father of the said Sanjay Sehgal, filed a private complaint against the petitioner regarding the same incident. The M.M. prima facie found that the case is made put and summoned the petitioner as an accused on 27.9.80. It appears that the M.M. did not accept the cancellation report submitted by the Police although there was no specific order in this behalf.