YOGESH BHARDWAJ Vs. DAN SINGH RANA
LAWS(UTN)-2013-9-16
HIGH COURT OF UTTARAKHAND
Decided on September 02,2013

YOGESH BHARDWAJ Appellant
VERSUS
Dan Singh Rana Respondents

JUDGEMENT

Umesh Chandra Dhyani, J. - (1.) THE applicant, by means of present application/petition under Section 482 of Cr.P.C., seeks to quash the impugned summoning order dated 03.12.2008, passed by learned Addl. Judicial Magistrate, Khatima, in criminal case No. 1049 of 2008, Dan Singh Rana vs. Yogesh Bhardwaj, under Section 500 of IPC as well as entire proceedings of the aforesaid criminal case.
(2.) COMPLAINANT Dan Singh Rana (respondent herein) filed a criminal complaint case against accused Yogesh Bhardwaj (applicant herein) for the offence punishable under Section 500 of IPC in the Court of Judicial Magistrate, Khatima, District Udham Singh Nagar. After recording statements under Section 200 and 202 of Cr.P.C., learned Addl. Judicial Magistrate, Khatima, vide order dated 03.12.2008 summoned the accused -applicant to face the trial in respect of offence punishable under Section 500 of IPC. Aggrieved against the same, present application under Section 482 of Cr.P.C. was preferred by the accused -applicant. A very perusal of the impugned order reveals that the summoning order is a bald order. No reasons were assigned as to whether there was sufficient ground for proceeding against the accused -respondent, or not? The impugned order is contrary to the mandate of the Hon'ble Apex Court as laid down in GHCL Employees Stock Option Trust vs. India Infoline Ltd., : (2013) 4 SCC 505. The impugned order is liable to be quashed on this ground alone.
(3.) BUT there are other grounds also, which call for interference in the impugned order. Prima facie, no ingredients of offence under Section 499 of IPC (punishable under Section 500 of IPC) are made out against accused -applicant.;


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