VIRENDRA KUMAR Vs. SURENDRA KUMAR NARANG

JUDGEMENT

(1.) A complaint filed by the respondent herein under Section 200 Cr.P.C. for the offence punishable under sections 420, 467, 468 and 471 I.P.C. was dismissed by the Judicial Magistrate Rudrapur, District Udham Singh Nagar vide order dated 01.06.2012. Learned Magistrate declined to issue process of summon to the accused. Feeling aggrieved, complainant respondent herein preferred a revision, being Criminal Revision No. 157 of 2012, before the Sessions Judge, Udham Singh Nagar which was allowed by the learned Sessions Judge vide impugned judgment and order dated 03.09.2012 whereby learned Sessions Judge was pleased to set aside the order of the dismissal of the complaint and was further pleased to direct the Magistrate to issue process of summon to the accused petitioner herein for the offence punishable under Sections 420, 467, 468 and 471 I.P.C. Feeling aggrieved, accused petitioners herein have invoked inherent jurisdiction of this Court under Section 482 Cr.P.C. I have heard Mr. S.R.S. Gill, learned counsel for the petitioners and Mr. C.K. Sharma, learned counsel for the complainant respondent and have carefully perused the record as well as relevant provisions of the law.

(2.) HON 'ble Apex Court in the Case of Manharibhai Muljibhai Kakadia and another Vs. Shaileshbhai Mohanbhai Patel and others reported in : (2012) 10 SCC 517, in paragraph 48 and 53 has held as under: -

(3.) IMPUGNED judgment and order dated 03.09.2012 passed by the Sessions Judge in Criminal Revision No. 157 of 2012 as well as the consequential order passed by the Judicial Magistrate Rudrapur dated 19.10.2012 are hereby quashed. Criminal Revision is restored on the file of the learned Revisional Court. Parties are directed to appear before the learned Revisional Court on 30th October, 2013.