BHUPINDER SINGH PHOUGAAT Vs. H R KINRA

JUDGEMENT

(1.) ON 8.6.2005, the respondent, H.R. Kinra, had filed a criminal complaint before the learned Area Judicial Magistrate against 15 persons including the petitioner, Bhupinder Singh Phougaat, for the commission of offences punishable under Sections 420, 467, 468, 471 and 506, IPC. After taking into consideration the preliminary evidence, the learned Judicial Magistrate dismissed the complaint in toto qua all the respondents/accused except the petitioner, Bhupinder Singh Phougaat, who was ordered to be summoned for the offence punishable under Section 420, IPC, vide order dated 13.12.2005.

(2.) DISSATISFIED with the order passed by the learned Area Judicial Magistrate, the respondent -complainant, H.R. Kinra, presented criminal revision petition challenging the non summoning of the co -accused of the petitioner and also nonsummoning of the petitioner for the offences punishable under Sections 467, 468, 471 and 506, IPC. In the meantime, the petitioner approached this Court by way of CRM -M -39328 -2007, challenging his summoning for the offence punishable under Section 420, IPC, by the learned Area Judicial Magistrate. Notice of motion was issued and the proceedings before the learned Summoning Court as well as the proceedings in criminal revision petition filed by the respondent -complainant, before the learned Additional Sessions Judge, Bhiwani, were ordered to be stayed. Eventually, the said petition came up for hearing before this Court on 24.4.2012 and while dismissing the same, the stay granted by this Court was vacated and the summoning order of the petitioner for the offence punishable under Section 420, IPC, was upheld. Thereafter, the learned Additional Sessions Judge decided the revision petition filed by the respondent -complainant, H.R. Kinra, and upheld the order of the Summoning Court qua non -summoning of the co -accused of the petitioner, but accepted the criminal revision petition to the extent that the petitioner had also committed the offence punishable under Section 506, IPC, in addition to Section 420, IPC, therefore, he be summoned for the said offence also.

(3.) BY way of the present petition, the petitioner, Bhupinder Singh Phougaat, has challenged the order passed by the learned Additional Sessions Judge, Bhiwani, to the extent of his summoning for the offence punishable under Section 506, IPC.