SATISH CHANDER Vs. JAGDISH CHANDER

JUDGEMENT

(1.) THIS judgment shall dispose of a petition filed by the petitioner under Section 482 of the Cr.P.C. read with Article 227 of the Constitution of India against the order, dated 23.12.2006, passed by the learned Judicial Magistrate Ist Class, Jawali, in criminal complaint No.82- II/06, summoning the petitioner for an offence under Section 500 of the IPC.

(2.) PRELIMINARY evidence was led before the learned trial Court and after hearing the complainant, the learned trial Court passed the impugned order summoning both the accused persons i.e. petitioner and respondent No.2 under Section 500 of the IPC. Being aggrieved by the said order passed by the learned trial Court, the petitioner filed a revision petition under Sections 397 and 399 of the Cr.P.C. before the learned Sessions Judge, Kangra at Dharamshala, who dismissed the same, vide his order, dated 17.7.2008. Being aggrieved by the orders of summoning him and dismissing his revision petition, the petitioner has filed the present petition.

(3.) THE submissions made by the learned counsel for the petitioner were that the petitioner and respondent No.1 are real brothers and there is a civil litigation going on in between them. The civil suit had been filed by respondent No.1 and the allegations made as against the petitioner are without any substance and no case was made out for summoning of the petitioner under Section 500 of the IPC. Therefore, the impugned order passed by the learned Magistrate is liable to be quashed, being illegal.