Petition filed under Section 482 Cr.P.C. for quashing order summoning petitioners. Court allowed petition and remanded matter to Magistrate to pass speaking order recording evidence before summoning.
Case remanded to Magistrate to pass speaking order after considering evidence regarding summons.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-15724 of 2012 (O&M) Date of decision: 10.09.2012
Aftab Khan and others
....Petitioners
Versus
Deen Dayal
....Respondent
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: - Mr. Rajesh Lamba, Advocate, for the petitioners. Mr. Ram Bilas Gupta, Advocate, for the respondent.
PARAMJEET SINGH, J. (ORAL)
The instant petition under Section 482 Cr.P.C. has been filed for quashing the order dated 18.01.2012 (Annexure P-4) passed by learned Judicial Magistrate Ist Class, Faridabad, vide which the petitioners have been summoned to face trial in a complaint case.
I have heard the learned counsel for the parties and perused the
record.
The petition is allowed. The case is remanded to the Judicial Magistrate Ist Class, Faridabad, to pass a speaking order after considering the evidence whether the petitioners can be summoned on the basis of evidence led before the Magistrate. The Magistrate will proceed in accordance with law. The complainant may appear before the Magistrate.
(Paramjeet Singh) Judge
September 10, 2012 R.S.
Aftab Khan and others
Deen Dayal
Paramjeet Singh
As recorded by the court registry
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