LAWS(P&H)-2005-3-47

K.K. VIJ Vs. GAUTAM GOEL

Decided On March 12, 2005
K.K. Vij Appellant
V/S
Gautam Goel Respondents

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been directed for quashing of complaint No. 17 dated 7th April 2003, under Section 406 IPC and the orders dated 5.11.2003, 27.4.2004, 12.10.2004 and 20.12.2004 passed by the Judicial Magistrate Ist Class, Chandigarh as well as the order dated 16th February 2005 passed by the learned Addl. Sessions Judge, Chandigarh in Criminal revision No. 41 of 15.6.2004 whereby the revision petition filed by the petitioner against the order dated April 7, 2004 passed by learned Judicial Magistrate, Chandigarh has been dismissed being not maintainable.

(2.) DURING the course of hearing, the learned counsel for petitioner has confined his prayer against the legality of the order dated 27th April 2004, the copy of which has been appended as Annexure P-3 whereby an application under Section 205 Cr.P.C. for dispensing the personal attendance of the petitioners was dismissed and their application for discharge under Section 245 Cr.P.C. has been kept pending, to be taken up only after they put in appearance.

(3.) SINCE the nature of order, which I intend to pass, will not cause any prejudice to the case of the complainant-respondent, there is no need to issue notice of motion to him.