VIJAYA KUNDU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Sec. 482 of the Code of Criminal Procedure is for quashing of order dtd. 16/7/2018 (Annexure P/7) whereby the petitioner was ordered to be summoned as an additional accused by invoking the powers under Sec. 319 Cr.P.C. in case bearing FIR No. 499 dtd. 16/6/2014 under Ss. 406 and 420 of Indian Penal Code registered at Police Station City Jind and the order dtd. 21/12/2018 (Annexure P/8) passed by learned Additional Sessions Judge, Jind whereby revision petition filed by the petitioner was dismissed.

(2.) Facts relevant for the purpose of decision of the present petition; that process of law was set into motion as the aforesaid FIR was registered on the basis of complaint submitted by Devender Sharma, (respondent No.2 herein), Rakesh, Udey and Dhirender who had levelled the allegations that petitioner, Vijaya Kundu, and Pawan Sharma, Ramrai and Ravinder Kundu had obtained a sum of Rs.10,40,000.00 for providing employment . In the said complaint, Ex. PW-1/A, the petitioner was named, but after investigation, challan was not presented against the petitioner and application under Sec. 319 Cr.P.C. was filed on that account for summoning of petitioner as an additional accused. Learned Chief Judicial Magistrate, Jind while considering the matter in its entirety i.e., report under Sec. 173 Cr.P.C. as well as statement made by Devender, complainant as PW-3, passed the order, Annexure P/7, for summoning of petitioner, Vijaya Kundu as an additional accused in the case.

(3.) Being aggrieved of passing of said order, the petitioner preferred a revision petition before the Court of Session and the same was dismissed by learned Additional Sessions Judge, Jind vide order dtd. 21/12/2018, Annexure P/8.