AKASH CHAUDHARY Vs. KIRAT SINGH RAWAT

JUDGEMENT

(1.) Mr. D.S. Mehta, Advocate present for the applicant.

(2.) A complaint has been moved by the respondent i.e. Kirat Singh Rawat against the present applicant, which has been registered as Complaint Case No.120 of 2016 (Kirat Singh Rawat Vs. Akash Chaudhary) under Section 420 of IPC, which is pending in the court of Additional Chief Judicial Magistrate, Ramnagar, District Nainital. After recording the statement of the complainant under Section 200 of Cr.P.C., and his witness under Section 202 of Cr.P.C., the learned Magistrate issued summons to the applicant vide order dated 29.03.2016. Hence, the present application has been filed by the applicant invoking the inherent jurisdiction of this Court under Section 482 of Cr.P.C.

(3.) The present application is absolutely without merit as the learned Judicial Magistrate has applied its mind to the aspect and in case, the present applicant has any grievance, he can raise the same before the learned Magistrate. Before the summons has been issued, the accused in a complaint case has no right to be heard by the learned Magistrate.