MAMCHAND Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This criminal application, preferred u/s 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed for quashing the judgment and order dated 13.6.2006 passed by the Sessions Judge, Haridwar and order dated 1.4.2005 passed by the Special Judicial Magistrate, Roorkee, District Haridwar in Misc. Case No.91 of 2003, Km. Seema Vs. Mamchand.

(2.) Heard learned counsel for the parties and perused the material on record.In nutshell, the facts of the case are that respondent no.3 lodged an FIR against the petitioner on the basis of which the case was registered u/s 354/452 IPC against the petitioner and the police after investigation, filed the final report. After that the complainant filed a protest petition along with which she filed affidavits of the witnesses, namely, Shamim Ahmed and Bachan Devi, on the basis of which learned Special JM Roorkee vide order dated 1.4.2005 quashed the Final Report and summoned the petitioner u/s 354/452 IPC. The petitioner subsequently preferred a revision which came to be dismissed by the Sessions Judge, Haridwar vide judgment and order dated 13.6.2006. Hence this petition.

(3.) Learned counsel for the petitioner argued that the trial court has summoned the petitioner on the basis of the affidavits which is not permissible as per law inasmuchas there is no provision which provides for summoning on the basis of affidavits. Reliance is placed upon a judgment of Hon'ble Apex Court in the case of Minu Kumar & another v. State of Bihar & others reported in (2006) 2 SCC (Cri) 310, wherein it has been held in para 11 as under: -