MANGAL DASS PURI Vs. MRS AJIT PURI

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, a prayer has been made to set aside the complaint registered under Sections 406/498 -A of the Indian Penal Code and for setting aside the summoning order dated 29.11.1991 of the Chief Judicial Magistrate, Ferozepure as well as consequential proceedings arising therefrom.

(2.) THE petitioner has raised a few disputed questions of fact in the petition which have been denied by the respondent in her reply. The summoning order is only an interim order and not a judgment. It has been so held by the Supreme Court in KM. Mathew v. The State of Kerala and another (SC) 1992(1) Recent C.R. 232.

(3.) IT is open to the accused to plead before the Magistrate that the process against him ought not to have been issued. The Magistrate may drop the proceedings if he is satisfied on reconsideration of the complaint that there is no offence for which the accused can be tried. It is his judicial discretion. The fact that the process has already been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused.