AJAY AHLAWAT Vs. RAJESH TOMAR

JUDGEMENT

(1.) THE conspectus of the relevant facts and material, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, is that, complainant Rajesh Tomar respondent No.1 (for brevity "the complainant") filed a private criminal complaint (Annexure P4) against Ajay Ahlawat and others petitioners-accused for the commission of offences punishable under Sections 148, 149, 307, 323, 452, 506, 34 and 120-B IPC. THE Judicial Magistrate 1st Class dismissed the complaint without summoning the accused, vide order dated 8.1.2010 (Annexure P7).

(2.) AGGRIEVED by the order (Annexure P7), the revision petition (Annexure P8) filed by the complainant was accepted and the order of the trial Court was set aside by the revisional Court, by virtue of impugned order dated 22.1.2011 (Annexure P1). Thereafter, the Court of CJM, without applying its mind, summoned the accused, in view of the order of the revisional Court, to face the trial under Sections 148, 452 and 506 read with Section 149 IPC, by way of impugned summoning order dated 29.1.2011 (Annexure P2).

(3.) AFTER hearing the learned counsel for the parties, going through the record with their valuable help and after considering the entire matter deeply, to my mind, the instant petition deserves to be partly accepted in this context.