PARVINDER KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The respondent no. 2-Pramod Kumar, complainant, had filed an application under Sec.  156(3) of the Code of Criminal Procedure, 1973, before the Additional Chief Judicial Magistrate, Laksar, District Haridwar. The said application was converted into a complaint. The learned trial court took the cognizance on the complaint and after inquiry, on 9/12/2013, passed the summoning order under Sec. s 420, 467, 468, 120B, 323, 504 and 506 of IPC against the present applicants-accused persons. The applicants-accused persons preferred a Criminal Revision against the said summoning order dtd. 9/12/2013. On 13/6/2022, the said Criminal Revision (No. 48 of 2014) has been rejected by the First Additional District and Sessions Judge, Haridwar.

(2.) The applicants-accused persons have invoked the inherent jurisdiction of this High Court under Sec.  482 of the Code of Criminal Procedure, 1973 to set-aside the impugned summoning order dtd. 9/12/2013 and the judgment dtd. 13/6/2022, passed by the Revisional Court.

(3.) According to the complaint, filed by the respondent no. 2-complainant, the applicants-accused persons had demanded Rs.70,000.00 from the complainant while assuring him that he would get a job in Birla Tyre. The complainant had given Rs.30,000.00 to the applicants-accused persons before the Witness Suresh Pal (CW1) and the Witness Bhanwar Singh (CW2) on 1/12/2009. On 6/12/2009, the applicants-accused persons had given a fake joining letter of Birla Company to the complainant, while the complainant had given the remaining amount i.e. Rs.40,000.00 to them in front of the witnesses. On 19/4/2013, the complainant demanded his money from the applicants-accused persons. Then, the applicants-accused persons abused and threatened the complainant and assaulted him.