AMAR SARAN, J. - (1.) HEARD Shri L.P. Nathani, learned Senior Advocate on behalf of the applicants, Shri Nikhil Kumar, learned Counsel for the opposite party No. 3 and learned Additional Government Advocate representing the State.
(2.) THIS application has been filed under Section 482 Cr. P.C. by Shri Baij Nath, Chief Manager (Personnel and Administration) Oil and Natural Gas Corporation Limited (hereinafter referred to as ONGC) and the ONGC, Dehradun for quashing a criminal complaint filed by opposite party No. 3, who has retired as Assistant Executive Engineer from the ONGC and who has settled in Saharanpur. The allegations in the complaint were that on different dates the complainant had submitted medical bills totaling Rs. 56,403/ -for reimbursement after his retirement, but the applicants unlawfully and in pursuance of a conspiracy for drawing undue advantage, held the payments on the medical bills to be inadmissible. The complainant examined himself under Section 2001, Cr. P.C. and filed certain documents. Thereafter the impugned order summoning the applicant under Section 406 IPC was passed by the Judicial Magistrate -Ill, Saharanpur on 8 -8 -2000. The case was numbered as Criminal Complaint Case No. 306/2000, J.P. Sharma v. A.S. Soni.
(3.) IT is interesting to note that the summoning order was passed by the learned Judicial Magistrate even without requiring the complainant to examine any witness under Section 202 Cr. P.C. This does suggest an over -anxiety on part of the Magistrate to summon the applicants at any cost for unexplained reasons.;