LALIT MOHAN Vs. GIRDHARI LAL

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure (for short, the Code) Lalit Mohan has sought the quashing of the order passed by the Sessions Judge, Sirra on September 5, 1985, where by the summoning order dated January 28, 1985, passed by the Chief Judicial Magistrate, Sirsa, was set aside.

(2.) WITHOUT going into the details of the complaint, in substance the allegations therein amount to these, that Lalit Mohan filed a complaint against the accused-respondents under Sections 148/323/427/504/506/149, India Penal Code. The trial Magistrate found a prima facie case against the respondents and accordingly summoned them for the offence under Sections 427/149, Indian Penal Code. Feeling aggrieved, the respondents went up in revision and the same was allowed by the learned Session Judge, Sirsa, who found that it was not a fit case for summoning the accused for the said offence and accordingly set aside the impugned order. This led the complaint to invoke the inherent jurisdiction of this Court under Section 482 of the Code.

(3.) IN the light of the aforesaid discussion of law which emerges from an examination of the relevant decisions of the Supreme Court, a perusal of the judgment of the learned Sessions Judge, Sirsa, shows that his approach has been as if he was seeing at this stage as to where as the accused could be convicted or not, which approach in appropriate at a trial stage and not at a stage where it is merely to be seen as to where as the accused are to be summoned or not.