ARUN GROVER Vs. HEM RAJ KANDA

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dtd. 20/5/2019(Annexure P-11) passed by learned Additional Chief Judicial Magistrate, Paonta Sahib, District Sirmaur, H.P., whereby petitioners herein came to be summoned as an accused in the complaint filed by respondent No.1 under Ss. 379, 425, 430, 201 of IPC and Sec. 3 of the Prevention of Damages to Public Property Act, petitioners have approached this Court in the instant proceedings filed under Sec. 482 Cr.P.C, praying therein to quash the impugned summoning order dtd. 20/5/2019 (Annexure P-11) and complaint (Annexure P-10).

(2.) Pursuant to the notice issued in the instant proceedings, respondents have filed the reply and petitioners have also filed rejoinder to the reply filed by respondent No.1.

(3.) Precisely, the ground, as has been raised in the petition and has been further canvassed by learned counsel representing the petitioners for quashing of the complaint (Annexure P-10) and summoning order dtd. 20/5/2019 (Annexure P-11) is that there is no provision, if any, to file private complaint under Ss. 379, 425, 430, 201 of IPC and Sec. 3 of the Prevention of Damages to Public Property Act, in the Criminal Procedure Code, rather private complaint, if any, can be filed under Sec. 200 Cr.P.C.