NISHA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition invokes the jurisdiction of the High Court under Sec. 482 Code of Criminal Procedure (hereinafter referred to as 'CrPC') for quashing of the order dtd. 16/3/2020 (Annexure P-1) passed by Chief Judicial Magistrate, Rohtak, whereby the application dtd. 28/11/2019 (Annexure P-2) submitted by the petitioner under Sec. 311 CrPC in case FIR No.325 dtd. 2/8/2014 registered under Ss. 420, 406, 419, 467, 471 and 120-B Indian Penal Code, 1860 (hereinafter referred to as 'IPC') at Police Station City Rohtak has been dismissed.

(2.) Briefly the facts of the case are being enumerated as under:-

(3.) Learned counsel appearing on behalf of the petitioner has assailed the order passed by the Chief Judicial Magistrate, Rohtak as having been passed in violation of the directions issued by the Sessions Judge, Rohtak and ignoring the power conferred upon the Court under Sec. 325(3) CrPC as well as the mandate of Sec. 311 CrPC. It is further submitted that it was incumbent upon the Chief Judicial Magistrate to have allowed the said application to secure the ends of justice and that by not doing so, the rights of the petitioner, to claim fair trial, have been severely prejudiced.