SUKHBIR KATARIA Vs. OM PARKASH

JUDGEMENT

(1.) The present judgment shall dispose of CRM-M-53599-2018; CRM-M-54951-2018; CRM-M-57177-2018; CRM-M-54463-2018; CRM-M-947-2019; CRM-M-21528-2019 and CRR-2265-2019. The spinal connection of the complaints is similar in which the petitioners are an accused alongwith others and had been summoned in different complaints filed primarily by Om Parkash and in one FIR case discharged by the Additional Sessions Judge for the offences under IPC, therefore, the present set of cases have been taken up together. Facts of CRM-M-53599-2018

(2.) The present petition has been filed by Sukhbir Kataria, accused no.27 for quashing of Criminal Complaint bearing No.74285 dtd. 24/1/2013 (Annexure P-l) titled as 'Om Parkash Vs. Devender Kataria and others' filed under Sec. 420, 467, 468, 471, 120-B of the Indian Penal Code (IPC) and Sec. 31 of Representation of People Act, 1950. The order dtd. 21/7/2014 (Annexure P-3), vide which the petitioner alongwith others had also been summoned under the provisions of IPC only is also subject matter of challenge.

(3.) Challenge has been raised on the ground that disclosure of commission of any criminal offence is not made out and the proceedings are abuse of the process of Court. Further challenge has also been raised to the order dtd. 7/4/2018 (Annexure P-5) passed by the Judicial Magistrate 1st Class, Gurugram, whereby application for dismissal of the complaint and discharge of the petitioner had been dismissed and the order dtd. 6/8/2018 (Annexure P-7), whereby revision petition against the said order had also been dismissed.