PREM LATA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for the quashing of complaint filed by Surinder Pal Moudgill respondent against them, under Sections 323, 504 and 506 IPC, Annexure P1, and the order dated 10.4.2004, Annexure P19, vide which they were summoned, as accused, by the court.

(2.) The trial court has only ordered summoning of the petitioners, as accused, in the complaint. It is, therefore, open to them to plead before the Magistrate that the process against them ought not to have been issued, and this right flows to them from the provision contained in Section 245 (2) of the Code of Criminal Procedure, which reads as under:-

(3.) If any authority is needed on the point, reference may be made to AIR 1992 (S.C.) 2206, K.M.Mathew vs. State of Karela and another, in which it was held that "the order issuing the process is an interim order and not a judgment. It can be varied or recalled. The fact that the process has also been issued is no bar to drop the proceedings if the complaint on the very face of it does not disclose any offence against the accused".