INTER STATE FINANCE LTD. AND ORS. Vs. RAJESH

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C. is for quashing of complaint (Annexure P -11) titled as - "Rajesh son of Raghubir v. Inter State Finance Limited" as well as the summoning order dated 17.07.2004 (Annexure P -15) whereby petitioner No. 2 has been summoned to face trial under Section 379 IPC.

(2.) AS per the allegations made in the complaint, complainant -Rajesh son of Raghubir Singh is the owner of mini bus bearing registration No. DL -IV -2313. On 05.08.2000 at about 08.00 am said bus being driven by driver Harish Kumar was intercepted by five persons who came in Marshell Van and identified themselves as members of Inter State Finance Limited, New Delhi. As per the allegations they robbed the driver of the said bus and abducted this driver. They took the driver to their office situated in Sector 4, Gurgaon. However, the driver was dropped at Mahipalpur Road, Delhi.

(3.) FEELING aggrieved again the order dated 10.04.2001 (Annexure P -13) the complainant filed a revision before the learned Additional Sessions Judge, Gurgaon. Learned Additional Sessions Judge vide order dated 08.11.2001 set aside the impugned order (Annexure P -13) dismissing the complaint, and remanded back the case to the trial court with a direction to deal with the complaint of the complainant in accordance with the provisions of law as contained in Chapter XV of Cr.P.C. Thereafter vide impugned order dated 17.07.2004 (Annexure P -15) passed by learned Judicial Magistrate Ist Class, Gurgaon, the petitioners have been summoned to face trial under Section 379 IPC.