BAL KRISHAN SHARMA Vs. STATE AND ANR.

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing the order dated 10.3.2006 passed by learned Metropolitan Magistrate, Karkardooma Courts, Delhi and order dated 19.5.2006 passed by learned Additional Sessions Judge, Karkardooma Court, Delhi.

(2.) THE brief facts which have led to filing of this petition are that respondent No. 2 had made a complaint against the petitioner under Section 324 read with Section 109 IPC. Petitioner was summoned by order dated 6.12.1993 for appearance and was granted bail.

(3.) LEARNED senior counsel for the petitioner submits that the case of the petitioner would be covered by Sub -section 2(b) of Section 468 of the Cr.P.C. He also submits that delay of 34 days has been condoned by the Metropolitan Magistrate without there being any prayer or any application on behalf of complainant (respondent No. 2 herein). He further submits that the case of the petitioner is covered by the decision of the Apex Court in the case of Krishna Pillai v. T.A. Rajenderan and Anr., 1990 SCC (Cri.) 646 and he relies on paragraphs 3 and 4 of the same, which are reproduced below: