KANWARJIT SINGH Vs. PRITAM KAUR

JUDGEMENT

(1.) KANWARJIT Singh S/o Baba Bhagat Singh R/o Abdulapur, Pinjore, Tehsil Kalka, District Ambala has moved the present petition under Section 482 of the Code of Criminal Procedure challenging the summoning order dated 20.7.1993 passed by the Addl. Chief Judicial Magistrate, Patiala in a complaint instituted by Pritam Kaur for offences under Sections 419/420/468/469/467/120-B of the Indian Penal Code.

(2.) THE petitioner has alleged that plot bearing No. 119/164 Khasra No. 223/39 situated in village Abdulapur was purchased by him by means of registered sale deed dated 6.5.1992 for a sum of Rs. 1 lac and Sadhu Ram S/o Dhania Ram acted as Special Attorney of the vendor and that the petitioner has now been implicated in a false case on account of political rivalry; that Pritam Kaur-respondent No. 1 has already filed civil suit against the petitioner and respondent Nos. 2 to 5.

(3.) DURING the course of argument, it has transpired that the complaint is at a preliminary stage. A copy of the summoning order dated 20.7.1993 placed on the record shows that it is a speaking one. Where genuineness of forgery of an agreement was under consideration, it was observed in Vijay Kumar and another v. State of Punjab and others, 1991(2) Recent Criminal Reports 220 that the criminal proceedings could also continue. In Surjan Singh and others v. Darshan Lal and another, 1991(2) RCR 63 where complaint was at the stage of summoning, the proceedings under Section 482 of the Code of Criminal Procedure were disliked.