RULIA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has filed the instant petition by invoking Section 482 of the Code of Criminal Procedure (in short "Cr.P.C.") seeking quashing of order dated 27.3.2014 (Annexure P -6) passed by the Additional Sessions Judge, Hisar whereby order dated 23.4.2011 (Annexure P -4) passed by the Judicial Magistrate 1st Class, Hisar has been set aside.

(2.) THE brief backdrop of this case is that the petitioner filed a complainant under Sections 323, 506 of the Indian Penal Code (in short "IPC") against Group Captain Kulwant Singh, Air Headquarter, Air Force Station, Delhi in the Court of Judicial Magistrate 1st Class, Hisar on the allegations that the complainant made several complaints against the accused in regard to embezzlement/misappropriation of funds in his capacity as an officer of the Air Force. On 21.4.2010, he along with Joginder Kumar went to the office of the accused to enquire about the subject matter of letter sent to him by the higher authorities. The accused got enraged and caught hold of him by neck and gave fist blows by saying "To Mera Kya Bigar Lega". When the complainant raised alarm for help, Joginder Kumar and other employees rescued him from the clutches of the accused. The accused threatened the complainant to be done to death in case, he carries out any action or makes departmental complaint against him.

(3.) COUNSEL for the petitioner contends that the revisional court gravely erred in setting aside order passed by the Judicial Magistrate, therefore, the petition may be allowed and order dated 27.3.2014 passed by the Additional Sessions Judge be set aside and the order passed by the Judicial Magistrate be restored with a direction to the respondent to face proceedings in accordance with law. It is further argued that on conclusion of preliminary enquiry, the court is required to examine if there is prime facie case to summon the accused and at this stage, the court cannot go into truth or falsity of allegations to record a finding if evidence on record is sufficient to result in conviction of the accused.