JAI LAL Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS petition has been filed by Jai Lal under Section 482 of the Code of Criminal Procedure ("Cr.P.C. for short) for quashing the impugned judgment dated 20.1.2009 (Annexure P -2) passed by Additional Sessions Judge, Rewari vide which the order dated 15.10.2007 (Annexure P -1) passed by the Judicial Magistrate, Ist Class, Rewari summoning the accused -respondents No. 2 and 3 summoning under Section 319 Cr.P.C. has been set aside. Prosecution story as per the FIR (Annexure P -5) reads as under:

(2.) AFTER investigation of the case, challan was presented against accused Vikram. So far as his parents -respondent Nos. 2 and 3 are concerned, they were placed in column No. 2 of the final report. Prosecution moved an application under Section 319 Cr.P.C. for summoning respondent Nos. 2 and 3 and vide order dated 15.10.2007 (Annexure P -1), learned Judicial Magistrate, Ist Class, Rewari ordered that respondent Nos. 2 and 3 be summoned to face the trial. Aggrieved by the said order, respondent Nos. 2 and 3 preferred a revision petition and learned Additional Sessions Judge, Rewari vide impugned order dated 20.1.2009 (Annexure P -2) allowed the revision petition. Hence, the present petition.

(3.) IT has been held by the Apex Court in the case of Michael Machado and Anr. v. Central Bureau of Investigation and Anr., 2000 (2) RCR 75 as under: