M.K. BHANDARI Vs. CHETAN TANWAR

JUDGEMENT

(1.) THE order impugned in this petition is the summoning order of 16th December, 2013 vide which petitioner alongwith his co -accused has been summoned for the offences under Sections 494/114 of IPC and the said order stands affirmed by the revisional court vide impugned order of 30th May, 2015.

(2.) UPON hearing and on perusal of the impugned orders, I find that it would be appropriate for petitioner to first argue at the charge stage after the pre -summoning evidence is led as he would have an opportunity to cross -examine the complainant and in the event of trial court proceeding to put petitioner on trial, then petitioner will have an opportunity to assail the order on charge.

(3.) SUCH a course is being adopted in view of dictum of Apex Court in Padal Venkata Rama Reddy Alias Ramu v. Kovvuri Satyanarayana Reddy & Ors. : (2011) 12 SCC 437, which is as under: -