KRISHAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition under section 482 of the Code of Criminal Procedure (in short, 'the Code') has been directed against the order dated 09.04.2013, passed by the Additional Sessions Judge, Karnal, whereby the revision petition preferred by the accused (respondents No. 2 to 8 herein) against their summoning in a private complaint, has been accepted and the matter has been remitted to the trial Court for re-consideration.

(2.) The brief background of this case is that the petitioner lodged FIR No. 256 dated 06.08.2009 for offence punishable under sections 323, 452, 506, 34 of Indian Penal Code, at Police Station Gharaunda, District Karnal with regard to the occurrence allegedly taken place on 31.07.2009, at about 6.30/7.00 pm at his house, wherein he levelled allegations against various persons, namely Siri Chand and others. On completion of investigation, the Police presented challan against Rajesh only (respondent No. 5 herein) for offence under sections 323 and 506 IPC and all other persons were declared innocent.

(3.) The petitioner filed criminal complaint against the accused for offence under sections 307, 379, 323, 452, 506, 148 and 149 of Indian Penal Code. The learned Magistrate in view of preliminary inquiry conducted in the matter, issued process against the private respondents for facing trial for the offences mentioned in the complaint. The order passed by the Judicial Magistrate dated 21.12.2012 was challenged in revision by respondents Pushpa and others, which was allowed by the revisional Court and the order passed by the Judicial Magistrate, summoning the respondents was set aside with a direction to the Magistrate to decide the question regarding summoning of the accused after following the procedure prescribed in section 210 of the Code.