BAIJ NATH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri L.P. Nathani, learned Senior Advocate on behalf of the applicants, Shri Nikhil Kumar, learned Counsel for the opposite party No. 3 and learned Additional Government Advocate representing the State.

(2.) THIS application has been filed under Section 482 Cr. P.C. by Shri Baij Nath, Chief Manager (Personnel and Administration) Oil and Natural Gas Corporation Limited (hereinafter referred to as ONGC) and the ONGC, Dehradun for quashing a criminal complaint filed by opposite party No. 3, who has retired as Assistant Executive Engineer from the ONGC and who has settled in Saharanpur.

(3.) IT is interesting to note that the summoning order was passed by the learned Judicial Magistrate even without requiring the complainant to examine any witness under Section 202 Cr. P.C. This does suggest an over -anxiety on part of the Magistrate to summon the applicants at any cost for unexplained reasons.