SURINDER KUMAR BHAT AND ANOTHER Vs. RAJNI KOUL

JUDGEMENT

(1.) In this petition, filed under Section 561-A of Criminal Procedure Code, the petitioners are seeking quashment of the impugned order dated 21.07.2017, passed by the 3rd Additional Munsiff (JMIC), Srinagar, in case titled Rajni Koul v. Surinder Kumar Bhat and Another and order dated 26.10.2018, passed by the 1st Additional Sessions Judge, Srinagar, in case titled Surinder Kumar Bhat v. Rajni Koul.

(2.) The facts, as these stem out from the petition, are that the petitioners herein and respondent herein are closely related to each other as the petitioner No. 1 and the respondent are brother and sister while as the petitioner No. 2 is the son of the petitioner No. 1 and the nephew of the respondent. The respondent has filed private complaint as against the petitioners for the commission of offences under the provisions of Section 419, 420, 465, 467, 468 & 471 RPC, which is pending in the Court of 3rd Additional Munsiff (JMIC), Srinagar. The said Court has taken cognizance in the case on 21.07.2017 and summoned the accused in the case by an order dated 21.07.2017. Aggrieved by the said order, the petitioners herein challenged the same before the learned Principle Sessions Judge, Srinagar, in a revision petition, which on transfer came to be dismissed by the Court of 1st Additional Sessions Judge, by his judgment dated 26.10.2018.

(3.) Aggrieved by the aforesaid orders, the petitioners challenged the same before this Court, inter alia on the following grounds: