BHUSHAN KUMAR AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioners Bhushan Kumar alias Bhupender and Chander Shekhar have filed this petition under Section 482 Cr.P.C. for quashing of Calendra dated 24.10.2008 and the summoning order dated 24.12.2008 passed by learned Judicial Magistrate 1st Class, Hisar. The facts as given in the petition are that on 12.08.2007 at around 5.30 A.M., petitioner No. 1 proceeded from his house on his motorcycle and reached the house of his friend and asked him to lend a sum of Rs. 1 lac. At about 7.30 P.M., petitioner No. 2 gave Rs. 1 lac to petitioner No. 1. Thereafter, petitioners went to Hotel Midway and consumed liquor. Petitioner No. 1 left behind petitioner No. 2 and proceeded towards Hisar and when he reached near Hindwah, a Maruti Car came from Balsamand side and signaled petitioner No. 1 to stop. When petitioner No. 1 was parking the motorcycle, then accused came out of the car and two accused caught hold the petitioner No. 1 from behind and took out Rs. 1 lac from his pocket and one of the accused fired upon petitioner No. 1 from a distance of 2-3 steps. The bullet pierced through the calf of petitioner No. 1 and thereafter accused fled away from the spot in their car. The police found this story false and proceeded against the petitions. Calendra under Section 182 IPC has been filed against the petitioners in which they have been summoned vide impugned order dated 24.12.2008.

(2.) Notice of motion was issued and learned State counsel appeared and contested the petition.

(3.) Learned counsel for the petitioners argued that when the Court has taken the cognizance relying on the version of the present petitioners and the accused have been summoned in the complaint case, then the presentation of Calendra is nothing but misuse/abuse of process of the Court. Therefore, he argued that Calendra and impugned summoning order in the Calendra should be quashed.