ASHOK KUMAR PARGOTRA Vs. SHAMA BEGUM

JUDGEMENT

(1.) The petitioner has filed the instant petition under section 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing of the complaint filed by the respondent for commission of offences under sections 323, 294 and 506 RPC against the petitioner pending before the court of Judicial Magistrate 1st Class (Munsiff), Ramban (hereinafter to be referred as the trial court) and also for quashing the order dated 03.03.2016 passed by the trial court, whereby process has been issued against the petitioner.

(2.) The proceedings arising out of the complaint mentioned above and order dated 03.03.2016 have been impugned by the petitioner on the following grounds:

(3.) Mr. Abhinav Sharma, learned senior counsel for the petitioner vehemently argued that the complaint filed by the respondent is false as is evident from the fact that the petitioner had already intimated to his higher authorities with regard to the filing of such complaint as he had every apprehension that the persons with whom he had service dispute may implicate the petitioner in a false case. He further argued that in the complaint the date of occurrence has been mentioned as 'today on this 2nd day of February, 2016 at 3.30 P.M.' whereas, the complaint has been filed on 03.03.3016 and further in the preliminary statement of the complainant recorded by the trial court, the date of occurrence has been shown as 02.03.2016, but the learned Magistrate has issued the process in a mechanical manner without considering them.