(1.) This order shall dispose of the above-mentioned two Criminal Miscellaneous petitions, the same issue and facts involved therein being the same. The facts are being taken from CRM-M-10938-2020.
(2.) By way of the present petitions quashing has been sought of the Criminal Complaint No.489 dtd. 25/1/2012, Annexure P-2, filed under Ss. 323, 504, 458, 427, 395, 148 and 149 of the IPC read with Sec. 120-B IPC pending in the Court of learned Judicial Magistrate 1st Class, Rohtak, the summoning order dtd. 20/7/2012, Annexure P-3 and the order 29/10/2015, Annexure P-4, whereby the revision petition filed by the petitioners was dismissed by the learned Additional Sessions Judge, Rohtak, alongwith all subsequent proceedings arising therefrom qua the petitioners.
(3.) Pithily, the complaint was filed by the respondent, who is brother of the tenant of a chemist shop, situated within the premises of PGIMS Rohtak. In the said complaint, the petitioners, who are officials working in the Administrative office of the PGIMS Rohtak, (hereinafter referred to as 'the Institute'), as Superintendent, Assistant, Security Officer and Deputy Medical Superintendent and the Vice-Chancellor of the said Institute, were arrayed as accused-respondents. The allegations leveled therein are that 30-40 persons had tried to get the shop of the brother of respondent vacated and all accused had taken away the medicines worth Rs.89.0090 lakhs along with other medical equipments. It was also stated by the complainant that he had approached the Vice-Chancellor, who refused to entertain his complaint, whereupon the complaint in question was filed by him before the trial Court. The petitioners were summoned by the trial Court vide order dtd. 20/7/2012, Annexure P-3, which was taken up in revision before the Additional Sessions Judge, Rohtak and the same came to be dismissed vide order dtd. 29/10/2015, Annexure P-4.