GURDIAL SINGHS Vs. MRS INDERJIT KAUR

JUDGEMENT

(1.) THE petitioner have moved this Court under Section 482, Criminal Procedure Code, for quashing the complaint under Section, 499 read with Section 500, Indian Penal Code, filed by the respondent against them in the Court of Chief Judicial Magistrate, Chandigarh and the order summoning the accused dated July 6, 1990. The trial Magistrate in paras 1 and 2 of his order gave the details of the version enfolded in the complaint. In para 3, he observed that preliminary evidence of the complainant was recorded and the complainant examined besides herself Gurdeep Singh (PW 2), Om Prakash (PW 3), and Kanwaljit Singh (PW 4). In para 5, he observed thus : - "From the perusal of the record on the file, it appears that there are sufficient grounds, to proceed against the accused under Section 500, Indian Penal Code. Accordingly, the accused are ordered to be summoned under Section 500 IPC for 26 -9 -1990 on filing of PF, list of witnesses and copies of the complaint, within 7 days."

(2.) THE order summoning the accused is not a speaking order. Section 204(1) of the Code of Criminal Procedure enjoins upon the trial Magistrate to record that in his, opinion there are sufficient grounds to proceed against the accused and the accused has been summoned for that reason. The order under challenge does not disclose the expression of such opinion. The impugned order cannot be sustained and the same, is quashed. The trial Magistrate is directed to pass a speaking order in the light of the evidence brought on the record. The parties through their counsel are directed to appear before the trial Magistrate on November 15, 1991 and the trial Magistrate will pass a fresh order in accordance with law. Cri. Misc. is disposed of. Order accordingly.