RAM MURTI VERMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner seeks quashing of criminal complaint, Annexure P -1, dated 29.11.1988 and order of summoning dated 18.8.1990 and the criminal proceedings pending against him by way of this petition under Section 482 of the Code of Criminal Procedure.

(2.) THE brief facts of this case resulting into filing of this petition areas under :

(3.) I have heard learned Advocate appearing for the State of Haryana and also have gone through the grounds of the petition and find there is no substance in the petition to quash the complaint or the order of summoning. A bare perusal of the complaint, as narrated above, goes to show the commission of a cognizable offence. This Court is not to scruitinise the evidence in this petition to find whether the allegations will end in conviction or not. It is not a case where if the proceedings are allowed to continue it would amount to abuse of process of the Court nor it is a case where the complaint does not disclose any offence or is frivelous, vexatious or malicious I find that the complaint does disclose the ingredients of the offence taken cognizance thereof. It is for the complainant to substantiate the allegations by leading evidence at a later stage and the accused is at liberty to lead defence available to him to show to the trial Court the innocence and get discharged. This Court is not required to enter the arena of appreciation of evidence which is yet to be subjected to cross -examination by the accused. Relying on the judgments of the Supreme Court in State of Bihar v. Murad Ali Khan, 1988(4) S.C.C. 655 and State of Haryana v. Bhajan Lal and others, AIR 1992 S.C. 604 : [1991(1) All India Criminal Law Reporter 68 (SC)], I find that there is no sufficient ground to quash the complaint, order of summoning and the proceedings arising therefrom. Accordingly, the petition is dismissed. Petition dismissed.