AABHAS DALMIA Vs. DIRECTOR OF REVENUE INTELLIGENCE
LAWS(P&H)-2013-8-255
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 20,2013

Aabhas Dalmia Appellant
VERSUS
DIRECTOR OF REVENUE INTELLIGENCE Respondents

JUDGEMENT

T.P.S. Mann, J. - (1.)THE petitioner has filed the present petition under Section 482 Cr.P.C. with a prayer that complaint No. 51, dated 24 -2 -2010 (Annexure P -7) and order dated 24 -2 -2010 (Annexure P -8) passed by the Chief Judicial Magistrate, Ludhiana summoning him for offences under Sections 173, 174 and 175 IPC be quashed. According to learned counsel for the petitioner, the petitioner had appeared in the office of DRI on 30 -12 -2009 for tendering his statement but the officials were busy and, therefore, could not record his statement. This fact is not disputed by the counsel for the respondent. Rather, it is stated on its behalf that the petitioner did appear on 30 -12 -2009 along with his father but his statement could not be recorded as the DRI staff had to go on a secret duty.
(2.)IN view of the aforementioned stand taken by the counsel for the parties even on the last date of hearing, the Court directed the petitioner to appear before the DRI, once again, on 2 -8 -2013 for tendering his statement. Pursuant to the same, the petitioner did appear before the DRI on 2 -8 -2013 and tendered his statement before Shri Kamaljit Singh, Senior Intelligence Officer, who directed him to, once again, put in appearance on 12 -8 -2013. Even on 12 -8 -2013, the petitioner appeared before the Senior Intelligence Officer and tendered his statement. All these facts have been stated by the petitioner in his duly sworn affidavit dated 16 -8 -2013, which has been produced and taken on record and a copy thereof supplied to counsel for the respondent. These facts are also not disputed by counsel for the respondent.
In view of the aforementioned, this Court has no other option but to quash complaint No. 51, dated 24 -2 -2010 (Annexure P -7) and set -aside the summoning order dated 24 -2 -2010 (Annexure P -8) passed by the trial Court.

(3.)ORDERED accordingly. However, it is directed that as and when the petitioner is called for further questioning, he shall appear before the concerned officer.


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