YASHPAL SACHDEVA& ANR Vs. SUNIL RELLI & ANR

JUDGEMENT

(1.) On the criminal complaint (no.12/1) of 2012 presented as an application under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.PC), the Metropolitan Magistrate, while declining a direction to the police to investigate by order dated 16.07.2012, opted to hold pre-summoning inquiry presumably under Sections 200 / 202 Cr. PC and called upon the first respondent (complainant) to adduce evidence. The complainant examined three witnesses at that stage, they including his wife Sunita Relli (CW-1), his mother Shanti Devi (CW2) and the complainant himself (CW-3). Thereafter, the Magistrate proceeded to consider the said material and, by order dated 03.02.2015, opined that the essential ingredients of offence under Section 420 of the Indian Penal Code, 1860 had been revealed, the testimony of the said witnesses at the stage of pre-summoning inquiry showing prima facie complicity of the two petitioners, this leading to they being summoned to face prosecution for the offence under Section 420 IPC.

(2.) The aforesaid order was challenged by the petition at hand invoking the provision contained in Section 482 Cr.PC with prime contention that the controversy here presents a civil dispute, there being no criminality involved and, thus, the proceedings in the criminal case pending before the Metropolitan Magistrate are in the nature of abuse of the process of court.

(3.) The submissions of both sides have been heard and the record has been perused.