M K WATS Vs. STATE

JUDGEMENT

(1.) THIS common order shall disposed of the aforesaid two petitions filed under Section 482 of the Cr. P. C by Dr. M. K. Wats (hereinafter referred to as 'the petitioner ). Both the aforesaid petitions arises out of a complaint filed by the petitioner under Section 340 Cr. P. C. before the Court of ACMM, New Delhi which was assigned to the Court of the metropolitan Magistrate for holding an inquiry and in which after holding an inquiry the said Metropolitan Magistrate filed a complaint before the ACMM again who then again marked the said case to another Metropolitan Magistrate for trial of the cases. Vide his order dated 05. 01. 1990 the Magistrate to whom the complaint was marked after holding an inquiry issued summons to accused Ram Lubhaya sharma, Head Constable Subhegh Singh, S. I. Sunil Kumar, and Sh. R. D. Behot, the then Assistant Superintendent Jail, Central Jail, Tihar for facing trial with respect to offences disclosed in the complaint under section 466/468/478/342/341 IPC. However at that time the metropolitan Magistrate did not issue summons to Sh. Om Prakash and sh. Satwant Singh as against the order passed by the Metropolitan magistrate dated 05. 01. 1990 and the order dated 24. 02. 1990 Sh. Ram lubhaya Sharma filed an appeal against the said order under Section 341 Cr. P. C. which was registered as Crl. A. No. 122/1997. This appeal was allowed by the Court of Additional Sessions Judge vide order dated 06. 08. 1998. It is this order which has been challenged by the petitioner in Crl. M. C. 3458/1999.

(2.) INSOFAR as the order of the Magistrate in having not issued summons to Sh. Om Prakash and Sh. Satwant Singh is concerned the petitioner preferred an revision which also came up for hearing before the same Sessions Judge who dismissed the same vide order dated 13. 10. 1998 which order is subject matter of Crl. M. C. 450/1999.

(3.) THE impugned orders proceeds on common assumptions that: