SURENDER SINGH Vs. KASHMIR SINGH

JUDGEMENT

(1.) A petition under Section 482 of the Code of Criminal Procedure (in short, "Cr.P.C.") was filed by the petitioner for quashing of order dated 20.04.2011 passed by learned Judicial Magistrate Ist Class, Kaithal in Criminal Complaint No. RBT -489 of 2007 and order dated 06.06.2014 passed by learned Additional Sessions Judge, Kaithal in Criminal Revision No. 152 of 2013.

(2.) A complaint filed by the petitioner under Sections 406/419/420/467/471/504/506/199 read with Section 120 -B of the Indian Penal Code (in short, "I.P.C.") against Kashmir Singh and others was dismissed by learned Judicial Magistrate Ist Class, Kaithal vide order dated 20.04.2011 on the ground that there was no sufficient material to charge sheet the respondent and accordingly he was discharged. The petitioner preferred a revision petition against the order of learned Magistrate which was dismissed by learned Additional Sessions Judge, Kaithal, vide order dated 06.06.2014. Assailing the said orders, the petitioner initiated the instant petition invoking the provision of Section 482 Cr.P.C. and prayed for quashing of the orders.

(3.) AFTER the petitioner adduced preliminary evidence, learned trial court called for report of the police as envisaged under Section 202 Cr.P.C. and after receipt of report only respondent Kashmir Singh was summoned as an accused. The petitioner led pre -charge evidence, considering which learned trial court came to the conclusion that there was no material for serving charge sheet on the respondent.