SHAMBHU SINGH KHETASAR Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India read with Sec. 482 Cr.P.C. seeking setting aside of the summoning order dtd. 2/8/2019 passed by the learned ACMM-II, Patiala House Courts, New Delhi in Criminal Case No. 18409/2018 arising out of FIR No. 357/2008 registered under Ss. 406/420/120B IPC at Police Station Connaught Place, New Delhi.

(2.) Learned Senior Counsel for the petitioner has assailed the impugned order primarily on the ground that despite the petitioner's name being kept in column No. 12 of the charge sheet, the petitioner has been summoned by the learned Magistrate vide a non-speaking order which shows completenon-application of mind. He submits that the petitioner was never directly or indirectly associated with the activities of the complainant/respondent No. 2. It is also stated that the petitioner was neither signatory to any agreement nor participated in any of the discussions.

(3.) It is further submitted that finding no evidence against the present petitioner, the investigating agency had kept him in column No. 12 of the charge sheet. It was next submitted that the complainant is guilty of forum shopping as prior to the registration of the FIR, he had filed a complaint on 12/4/2008 with the S.H.O., Police Station Udai Mandir, Jodhpur, Rajasthan, a complaint before S.H.O., Paschim Vihar, Delhi on 3/5/2008 and a complaint before the EOW, New Delhi on 6/5/2008.