MEENA SINGH Vs. SUNITA BHATIA

JUDGEMENT

(1.) Quashing of criminal complaint No. 1606/1/2006 under Sections 403/406/420/506/34 of IPC titled Mrs. Simita Bhatia v. Smt. Meena Singh and the summoning order of 7th May, 2011 vide which petitioner has been summoned to face the proceedings under Sections 406/420/506/120B of IPC. While entertaining this petition, personal appearance of petitioner was exempted but the trial Court proceedings were not stayed. At the hearing, learned Counsel for petitioner could not disclose as to which is the next date of hearing before the trial Court.

(2.) By now, the stage for hearing on the point of framing of charge must have arrived. Since petitioner has an alternate and efficacious remedy to urge the pleas taken herein before the trial Court at the stage of hearing on the point of framing of charge, therefore, this Court is not inclined to exercise its inherent jurisdiction to entertain this petition. Such a course is being adopted in view of dictum of Apex Court in Padal Venkata Rama Reddy @ Ramu v. Kovvuri Satyanarayana Reddy & Ors., 2011 6 SLT 346 , which is as under:

(3.) Applying the dictum of the Apex Court in Padal Venkata Rama Reddy as referred to hereinabove, this petition and the application are disposed of with liberty to petitioner to urge the pleas taken herein before the trial Court at the stage of hearing on the point of charge and if it is so done, then trial Court shall deal with the pleas raised herein by passing a speaking and reasoned order. Till the time arguments on the point of framing of charge are heard, personal appearance of petitioner be not insisted upon by the trial Court, provided petitioner is duly represented through Counsel before the trial Court, who does not seek adjournment. If the trial Court finds that no case is made out against petitioner, then this order will not stand in the way of trial Court to discharge petitioner and if trial Court chooses to proceed against petitioner, then trial Court shall be at liberty to summon petitioner. Needless to say, petitioner shall be at liberty to raise the pleas taken herein at the appropriate stage at trial if trial Court has already framed charges against petitioner. This petition and the application are accordingly disposed of while refraining to comment upon merits, lest it may prejudice petitioner before the trial Court.