LAWS(P&H)-1997-5-161

SOM DUTT Vs. STATE OF PUNJAB

Decided On May 16, 1997
SOM DUTT Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) SOM Dutt and Gogi, the present petitioners have filed the present petition under Section 482 Cr.P.C. for the quashment of the complaint dated 13.2.1996 Annexure P.1, summoning order dated 22.3.96 Annexure P.2, as the same are absolutely illegal, unlawful and complete misuse and abuse of the judicial process.

(2.) SMT . Chhina Devi alias Sunita, respondent No. 2 was married with one Vijay Kumar on 13.10.1992. It may also be mentioned at the first instance that Smt. Chhina Devi alias Sunita filed the complaint against 11 persons. Respondents No. 4 to 11 i.e. eight persons were found innocent and they were not summoned by the learned Magistrate. Only summons were issued to Vijay Kumar, husband, Somdut and Smt. Gogi parents of Vijay Kumar. In para No. 4 of the complaint, the following allegations have been levelled against the petitioners :-

(3.) IN AIR 1992 Supreme Court 604 : 1991(1) RCR (Crl.) 383, State of Haryana and others v. Ch. Bhajan Lal and ors. it was held by the Hon'ble Supreme Court as follows :-