SHUBHAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This petition is preferred against the Judgment and Order dtd. 21/12/2021, passed in Complaint Case No.373 of 2011, Kaluram vs. Suman and others, under Ss. 323, 452, 504, 506 IPC by the court of Additional Chief Judicial Magistrate, Laksar, District Haridwar.

(2.) Heard learned counsel for the parties and perused the record.

(3.) Facts necessary to appreciate the controversy briefly stated are as follows. The respondent no.2, Kaluram (for short, "the complainant") filed an application under Sec. 156(3) of the Code of Criminal Procedure, 1973 (for short, "the Code") against four persons. It was treated as a complaint. After inquiry under Ss. 200 and 202 of the Code, by an order dtd. 13/6/2013, four persons were summoned to answer the accusation. One of them is Suppa S/o Suman. In fact, in their application under Sec. 156(3) of the Code, one of the accused is named as Suppa S/o Suman. It appears that Suppa S/o Suman could not be served. It also appears that on behalf of the complainant it was submitted that the petitioner be summoned but, on 15/1/2018, the court observed that there is no evidence to suggest that petitioner is Suppa S/o Suman. The court on that date ordered that the trial shall proceed against Suppa S/o Suman and evidence against him shall be recorded in his absence, as provided under Sec. 299 of the Code. During the course of recording of the evidence under Sec. 244 of the Code, an application along with an affidavit was filed by the complainant that the correct name of Suppa is Shubham, who has shifted in District Bijnor. Therefore, the name of Suppa be corrected as Suppa alias Shubham. It is supported by an affidavit with some documents. By the impugned order, the complainant has been directed to issue fresh summon in the name of the petitioner also.