DEVINDER KUMAR GULATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition under section 482 of the Code of Criminal Procedure (in short, 'Cr.P.C.') lays challenge to the order dated 02.03.2013 (Annexure P11), passed by the Additional Sessions Judge, Faridabad, whereby the revision petition preferred by the petitioner assailing the order dated 10.12.2012 (Annexure P9), passed by the trial Court summoning the petitioner under Section 319 Cr.P.C. was dismissed on the ground of maintainability.

(2.) OM Parkash Maglani (respondent No. 2 herein) got registered FIR No. 903 dated 11.11.2002 against Rajinder Kaur, on the allegations that Smt. Rajinder Kaur forged 'no objection certificate' purported to be issued by Smt. Ram Piari, mother of the complainant in order to become an absolute owner of house No. 98, Sector 17, Faridabad. On completion of investigation, report under Section 173 Cr.P.C. was submitted in the Court against Smt. Rajinder Kaur. Charge under Sections 467, 468 and 471 of the Indian Penal Code (in short, 'IPC') was framed against Rajinder Kaur in regard to forging of said 'no objection certificate'. During pendency of trial, Om Parkash Maglani, complainant was examined as a witness. Subsequent thereto, an application was filed by the complainant to summon Devinder Kumar Gulati (petitioner herein) and Smt. Renu Batra as additional accused under Section 319 Cr.P.C. The application was disposed of by the trial Court on 10.12.2012 (Annexure P9), summoning the petitioner and Smt. Renu Batra to face the proceedings.

(3.) FEELING aggrieved by the orders passed by the Courts below, the present petition has been preferred before this Court.