KULDIP KUMAR DOGRA Vs. SURINDER NATH

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure(for short'Cr.P.C.') for quashing of criminal complaint dated 11.11.2002 (Annexure P1);summoning order dated 6.12.2006 (Annexure P5); order of charge dated 27.8.2007 (Annexure P6) and the charge sheet dated 27.8.2007 (Annexure P7).

(2.) Learned counsel for the petitioner has submitted that in the present case, after recording of the preliminary evidence led by the complainant, the trial Court ordered that the petitioner be summoned to face the trial under Sections 197, 199,203,506 of the Indian Penal Code (for short 'IPC'). Thereafter charge has been framed against the petitioner by the trial court vide order dated 27.8.2007 without recording any pre-charge evidence as envisaged under Section 244 Cr.P.C.

(3.) Learned counsel for the respondent has very fairly conceded that in the present case, the witnesses examined by the complainant were liable to be cross-examined by the petitioner before framing of the charge. Section 244 Cr.P.C. reads as under:-