HANS RAJ Vs. ASHOK KUMAR

JUDGEMENT

(1.) (Oral) - Instant petition has been preferred under Sec. 482 Crimial P.C. read with Sections 397/399 Cr.P.C for quashing complaint No. COMI-1395 dated Sept. 06, 2010 (Annexure P-2) captioned as Ashok Kumar Vs. Saroj Kumari & others as well as summoning order dated Aug. 19, 2013 (Annexure P-1) passed by Judicial Magistrate 1st Classes, Rewari qua petitioner and subsequent, proceedings emanating therefrom.

(2.) It is an undisputed fact that on the basis of complaint lodged by Ashok Kumar-respondent No.1/complainant, petitioner along-with his coaccused were summoned to face trial under Sections 406 and 120-B Penal Code vide impugned order Aug. 19, 2013 (Annexure P-1). There was some dispute with regard to purchase of policy by respondent No.1-complainant from Bajaj Aliance Insurance Company, Brass Market, Rewari through Saroj wife of petitioner for a sum of Rs. 1,00,000.00 and that on maturity, the said amount was withdrawn but not disbursed to petitioner. Allegations against the petitioner have been reflected in para 4 of complaint (Annexure P-2) which reads as under:

(3.) A perusal of afore-said paragraph reveals that dispute with regard to withdrawal of an amount in collusion and conspiracy with Ashok Kumar, Tej Singh, Anil and J.P. Sharma if any was with Saroj Kumari and not the petitioner. The simple allegation against the present petitioner is that when the matter was brought to the notice of petitioner and others, they all extended threats to him. There is no allegation that any amount was entrusted to him, so as to attract Sec. 406 Penal Code or that he conspired with his wife and other co-accused for commission of any offence. It appears that impugned order has been passed mechanically.