- (1.) Since all the three cases arise out of the same proceedings, as such, they are being disposed of by a common order. For the sake of convenience, writ petition No. 3223 of 2013 is treated as a leading case. Heard Sri Dilip Kumar, learned counsel for the petitioners - Smt. Kalpana Gupta and Rakesh Gupta, Sri B.R.J. Pandey, learned counsel for the applicant - Anand Sharma in Application under Section 482, Cr.P.C., learned A.G.A. for the State as well as Sri Siddharth Singh, learned counsel for the complainant. The aforesaid petitioners and the applicant are the accused in complaint case No. 9946 of 2010 under Sections 420, 406, 409, 467, 477-A and 120-B IPC, P.S. Nawabad, District Jhansi (Vinay Bhushan Sood v. Rakesh Kumar Gupta and others) pending in the Court of Chief Judicial Magistrate, Jhansi. The allegations made in the complaint are not relevant for the disposal of the aforesaid three cases. Suffice it to say that the said complaint was dismissed under Section 203 Cr.P.C. vide order dated 22.9.2011. Feeling aggrieved, the complaint - Vinay Bhushan Sood preferred criminal revision No. 249 of 2011 before Sessions Judge, Jhansi, which was allowed vide judgment and order dated 27.9.2012 passed by Additional Sessions Judge/Special Judge (E.C. Act), Jhansi. The order dated 22.9.2011 passed by Chief Judicial Magistrate, Jhansi was set aside and the Magistrate was directed to reconsider the evidence available on record and to pass orders in accordance with law. The said revisional order dated 27.9.2012 is under challenge in writ petition No. 3223 of 2013.
(2.) In pursuance of order dated 27.9.2012 passed by the revisional Court, learned Chief Judicial Magistrate, Jhansi vide order dated 1.12.2012 reconsidered the matter and summoned the accused Rakesh Kumar Gupta, Kalpana Gupta, Anand Sharma, N.S. Kushwaha and R.L. Garg to face trial under Sections 420, 406, 409, 467, 477-A and 120-B IPC. The summoning order as well as the entire proceedings have been challenged by accused Anand Sharma by means of Application under Section 482 Cr.P.C. No. 1020 of 2013.
(3.) The revisional order dated 27.9.2012 as well as summoning order dated 1.12.2012 alongwith order dated 3.4.2013 passed by Chief Judicial Magistrate, Jhansi issuing non-bailable warrant of arrest against accused persons have been challenged by accused Rakesh Kumar Gupta by means of writ petition No. 6197 of 2013.;