DEV RAJ GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision under Section 482 Cr.P.C. filed by Dev Raj Garg and his wife Mst. Usha alias Asha Garg, against the State of Punjab and one Mal Singh son of Puran Singh praying for the quashment of the complaint dated 20.2.1996 alongwith the order dated 15.4.1996 vide which the learned Magistrate summoned both the petitioners as accused in order to face trial for the offence allegedly committed by the petitioners under Sections 342, 504 and 506 IPC.

(2.) MAL Singh son of Puran Singh filed a complaint against the present petitioners under Sections 342, 344, 347, 388, 500 and 506 IPC and material allegations of the complaint are contained in para No. 8 of the said complaint which is reproduced as under :-

(3.) CHALLENGE in the present petition has been given both to the complaint of the complainant and to the order of the learned Magistrate on the ground that the complaint did not disclose the commission of the offence for which the petitioners had been summoned by the learned Magistrate and that the order passed by the Magistrate had been passed in a mechanical manner. In support of his contention, Shri R.L. Garg, learned counsel for the petitioners has relied upon an authority of Hon'ble Supreme Court reported as Punjab National Bank v. Surinder Singh, AIR 1992 Supreme Court 1815, in which it was held that before summoning the accused, the Magistrate should consider the relevant facts and circumstances of the case and the process of summoning the accused should not be issued mechanically on the basis of the complaint filed as vendetta to harass the persons.