MOHINDER PAL SINGH Vs. RIMA GULSHAN

JUDGEMENT

(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") by one of the accused summoned by the learned Metropolitan Magistrate, Saket Courts, Delhi vide orders dtd. 22/10/2017 to face trial in Complaint Case bearing No.27/01/13 filed by the respondent under Ss. 442/506 IPC against him and another accused.

(2.) It may be mentioned here that the respondent/complainant had filed a complaint on 25/3/2013 along with an application under Sec. 156(3) Cr.P.C. for registration of an FIR alleging that the petitioner had trespassed into her house and had also extended threats. The application under Sec. 156(3) was disallowed on the ground that the allegations could be proved by oral testimony and accordingly, the learned MM directed the respondent/complainant to lead pre-summoning evidence. Accordingly, she got four witnesses examined, namely, herself (CW-1), Sh.Vijay Mukhiya (CW-2), Sh. Ashutosh Gaur (CW-3) and Sh. Ranjan Gaur (CW-4). On the basis of the complaint and evidence, the learned MM summoned the petitioner and his son-in-law (Vishal Saluja) for facing trial under Ss. 442/506 IPC. This order dtd. 22/10/2017 was challenged in revision before the Sessions Court and vide impugned order dtd. 30/10/2018, the learned ASJ dismissed the revision petition, also opining that there were specific allegations of trespassing and threatening in the testimonies of the witnesses.

(3.) The present petition has been filed under Sec. 482 Cr.P.C. praying that the order dtd. 30/10/2018 of the learned Sessions Judge be set aside and consequently, the summoning order dtd. 22/10/2017 be also quashed.