SANGEETA AGGARWAL Vs. RAJBIR

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing of order dated 10.12.2014 (Annexure P-5) passed by learned Additional Sessions Judge-cum-MACT, Faridabad vide which the application filed by respondent No. 1 for amendment of title of the compliant, has been allowed.

(2.) Learned counsel for the petitioner has argued that respondent No. 1-Rajbir had filed a criminal complaint under Sections 406/315/323/304-A/506 IPC and the said compliant was dismissed on 21.9.2012 (Annexure P-2). During the pendency of the revision, the complainant moved an application for amendment of title of the complaint (Annexure P-4) on the ground that Archna Goyal has been shown as respondent No. 2 whereas her real name is Sangeeta Agarwal wife of Sandeep Goyal @ Sandeep Agarwal. Learned counsel further submits that in the absence of Archna Goyal, the said application was allowed in a routine manner vide the impugned order dated 10.12.2014 (Annexure P-5). He has placed reliance upon a decision of the Apex Court in 'S.R.Sukumar versus S. SunaadRaghuram 2015(3) R.C.R. (Criminal) 570 :

(3.) In the present case, complainant-respondent No. 1-Rajbir had filed a criminal complaint. The trial Court vide order dated 21.9.2012 (Annexure P-2) dismissed the complaint while observing that there was no prima facie evidence against the accused. Aggrieved against the said order, respondent No. 1 preferred a revision petition and during the pendency of the said petition, he moved an application for amendment of title of the complaint which was allowed by the Appellate Court vide order dated 10.12.2014 (Annexure P-5).