V.S. TIWARI Vs. RATTAN LAL

JUDGEMENT

(1.) THE petitioner V.S. Tiwari has been summoned by the Court of Judicial Magistrate Ist Class, Fazilka, under sections 323 and 325 read with section 34, Indian Penal Code, pursuant to a complaint dated November 5, 1985 (Annexure P. 1) filed by the first respondent Rattan Lal. In this petition under section 482, Code of Criminal Procedure, the order of summoning is sought to be quashed by the petitioner. The petition is resisted by the first respondent.

(2.) THE ground on which the impugned order of issuing process by the learned Judicial Magistrate has been assailed is that from the contents of the complaint (Annexure P1) no case of the commission of an offence by the petitioner has been made out and there is no iota of evidence to show the involvement of the petitioner in the commission of crime. However, on a perusal of the complaint (Annexure P1), I find that no error has been committed by the learned Judicial Magistrate in passing the order of summoning the petitioner (Annexure P.2).

(3.) FOR aforesaid reasons, I find no merit in this petition and dismiss the same. Petition dismissed.