- (1.) By means of this application, the applicant has prayed for quashing of the summoning order dated 25.8.2008 passed by Judicial Magistrate, Ghaziabad in Criminal Complaint Case No. 698 of 2008, under Sections 323, 504, 506 IPC, P.S. Sahibabad, District Ghaziabad and the order dated 17.9.2009 passed by learned Sessions Judge, Ghaziabad in Criminal Revision No. 280 of 2009 as well as the subsequent proceedings of aforesaid case pending in the court of Judicial Magistrate, Ghaziabad.
(2.) In short the facts of the case are that the respondent no. 2, who is resident of District Shimla, Himachal Prades filed a criminal complaint against the applicant under Sections 323, 325, 406, 504, 506, 420 IPC alleging therein that the applicant had refused to purchase a piece of land owned by complainant situated in District Solan and Shimla, Himachal Pradesh as was allegedly agreed upon between the complainant and the applicant. It is alleged that on 18.12.2007 when the complainant, his wife and one Amolak Ram met applicant in the factory premises of applicant at Mohan Nagar Ghaziabad, the complainant was assaulted at the instigation of the applicant. It is further alleged that the documents related to land of complainant were not returned by accused applicant. On complaint, learned Magistrate took cognizance and after recording the statements of the complainant under Section 200 Cr.P.C. and his witness Shakuntala (wife) under Section 202 Cr.P.C. summoned the applicant vide order dated 25.8.2008 to face the trial under Sections 323, 504, 506 IPC. Learned Magistrate declined to summon the applicant under Sections 406, 420, 500 IPC. This order was challenged by the applicant in the Court of Sessions Judge, Ghaizabad by filing a Criminal Revision No.280 of 2009, which was also dismissed vide judgement and order dated 17.9.2009 passed by learned Sessions Judge, Ghaziabad at the admission stage. It is these orders, which are subject matter of challenge before this court.
(3.) Heard Mr Anurag Khanna, learned Senior Advocate assisted by Ms Himadri Batra, learned counsel for the applicant, learned AGA and Mr S. A. Imam, learned counsel for the respondent no. 2 and perused the material on record.;