YOGESH BHARDWAJ Vs. DAN SINGH RANA

JUDGEMENT

(1.) THE applicant, by means of present application/petition under Section 482 of Cr.P.C., seeks to quash the impugned summoning order dated 03.12.2008, passed by learned Addl. Judicial Magistrate, Khatima, in criminal case No. 1049 of 2008, Dan Singh Rana vs. Yogesh Bhardwaj, under Section 500 of IPC as well as entire proceedings of the aforesaid criminal case.

(2.) COMPLAINANT Dan Singh Rana (respondent herein) filed a criminal complaint case against accused Yogesh Bhardwaj (applicant herein) for the offence punishable under Section 500 of IPC in the Court of Judicial Magistrate, Khatima, District Udham Singh Nagar. After recording statements under Section 200 and 202 of Cr.P.C., learned Addl. Judicial Magistrate, Khatima, vide order dated 03.12.2008 summoned the accused -applicant to face the trial in respect of offence punishable under Section 500 of IPC. Aggrieved against the same, present application under Section 482 of Cr.P.C. was preferred by the accused -applicant.

(3.) BUT there are other grounds also, which call for interference in the impugned order. Prima facie, no ingredients of offence under Section 499 of IPC (punishable under Section 500 of IPC) are made out against accused -applicant.