KHUSHAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners/applicants have sought quashing of the summoning order dated 9.11.2004 passed by Addl. Judicial Magistrate Ist Class, Kashipur in criminal complaint case no.2385/2004, Prem Kandpal v. Khushal Singh and others, relating to offences punishable under Sections 147, 148, 504, 427, 352, 395 and 397 of The Indian Penal Code, 1860 (for short, the IPC) as well as the order dated 22.8.2006 passed by learned Sessions Judge, Udham Singh Nagar.

(2.) Heard learned counsel for the parties and perused the entire material available on file.

(3.) Brief facts of the case are that on 7.9.2004 respondent no.2 Prem Kandpal lodged a report at P.S. Bajpur, District Udham Singh Nagar against the applicants which was registered as Case Crime No.391/2004 under Sections 147, 148, 504, 427, 352, 395 and 397 of IPC. After lodging of the FIR, the matter was investigated and on completion of investigation, the Investigating Officer submitted a charge sheet against the applicant under Sections 147, 148, 504, 427 and 352 of IPC in the court, on the basis of which, learned Judicial Magistrate, Kashipur, vide order dated 2.11.2004 took the cognizance of the offence against the applicant and also summoned the applicants. In between, when the aforesaid case was under investigation, respondent no.2 filed a complaint before Judicial Magistrate, Kashipur against the applicants u/Ss 395/397/147/148/504/506/323/352/427 of IPC on 12.10.2004, which was registered as criminal complaint case no.2385 of 2004. In support of the complaint, the complainant examined himself u/s 200 Cr.P.C. and filed certain documentary evidence. After hearing learned counsel for the complainant and perusing the material available, learned Judicial Magistrate Ist Class, Kashipur found that prima facie the offences under Sections 395 and 397 of IPC are also made against the applicants, hence, vide order dated 9.11.2004, he summoned the applicants. Thereafter, the respondent no.2 requested the court to commit the case to the court of Sessions, on which, after considering the fact that the I.O. has submitted charge sheet against the applicants u/Ss 147, 148, 504, 427 and 352 of IPC only and that no charge was filed u/Ss 395 and 397 of IPC by the I.O., learned Magistrate vide order dated 11.7.2005 did not commit the case to the court of Sessions. Against the said order dated 11.7.2005, the respondent no.2/complainant preferred a revision before Sessions Judge, Udham Singh Nagar, on which, learned Sessions Judge, Udham Singh Nagar vide order dated 22.8.2006 allowed the revision and dismissed the order dated 11.7.2005 and sent the matter back to the court concerned for disposal of the matter afresh in view of the observations made in the body of the judgment. Against the said summoning order dated 9.11.2004 passed by Judicial Magistrate and the order dated 22.8.2006 passed by Sessions Judge, the applicants have preferred the present application u/s 482 of Cr.P.C. before this Court.