LAWS(P&H)-2013-2-555

SARABJIT KUMAR Vs. RANI

Decided On February 13, 2013
SARABJIT KUMAR Appellant
V/S
RANI Respondents

JUDGEMENT

(1.) This order shall dispose of two Criminal Misc.-M No. 19328 of 2010 (Sarabjit Kumar vs. Rani) and Criminal Misc.-M No. 11074 of 2011 (Sanjiv Kumar and another vs. State of Punjab and another). The facts are being taken from Criminal Misc.-M No. 19328 of 2010.

(2.) These petitions have been filed to seek quashing of criminal complaint No. 464 dated 15.1.2010 titled as Smt. Rani vs. Sanjiv Kumar and others. As per complaint made - complainant Rani had made an allegation of attempt of rape on her besides various other allegations like abduction etc. On the basis of complaint and the evidence led, JMIC Ferozepur has summoned the petitioner under Sections 376/366/354/511/323/324/506/504/34 IPC. The petitioner, accordingly, has approached this Court for quashing the complaint as well as the summoning order.

(3.) The primary grievance of the petitioner is that Sarabjit Kumar was resident of Preet Nagar, Block-A, Kapurthala but still has been summoned without following the procedure now laid down under amended Section 202 Cr.P.C. Otherwise also it is pleaded that on the basis of complaint made is fale. To stress the falsity of allegation. Counsel appearing in Crl. Misc.-M No. 11074 of 2011 pleads that this matter can be got investigated from any police officer and the falsity of the allegation would surface.