LAWS(P&H)-2018-5-154

VED PARKASH Vs. STATE OF HARYANA AND OTHERS

Decided On May 01, 2018
VED PARKASH Appellant
V/S
State Of Haryana And Others Respondents

JUDGEMENT

(1.) Petitioner has preferred this petition under Section 482 Cr.P.C., for quashing of order dated 26.04.2016 passed by the Judicial Magistrate Ist Class, Rohtak, order dated 11.09.2017 passed by the Addl. Sessions Judge, Rohtak and further seeking direction to respondents No.2 and 3 to register a case against respondents No.4 to 11.

(2.) Petitioner filed criminal complaint with prayer under Section 156(3) Cr.P.C., for issuance of necessary directions to S.H.O., PGIMS Rohtak to register and investigate the case against accused (four in number as mentioned in the complaint) for the offences under Sections 166/167/405/409/420/464/ 468/470/477A/120-B IPC. The Judicial Magistrate Ist Class, Rohtak passed order dated 02.07.2015 to the following effect:-

(3.) Perusal of the aforesaid order would show that the Court declined the prayer in terms of Section 156(3) Cr.P.C., and directed the complainant to bring preliminary evidence for the purposes of taking cognizance by the Court in a complaint case. Against the aforesaid order, the petitioner filed a revision petition No.150 of 2015 before the Sessions Judge, Rohtak. The revision petition was dismissed vide order dated 04.01.2016. Thereafter, the complaint itself was withdrawn by the petitioner without seeking any permission to file fresh complaint on the same cause of action. Thereafter, the petitioner again filed criminal complaint after moving complaint before the Station House Officer, Rohtak and Sr. Supdt. Of Police, Rohtak in terms of Section 154 Cr.P.C.