Kamal Sarkar And Others v. State Of Haryana And Another

CRM-M- 5580 of 2020 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M- 5580 of 2020 (O&M) Date of decision : 18.2.2020 ...

Kamal Sarkar and others ................Petitioners vs.

State of Haryana and another .................Respondents Coram: Hon'ble Mr. Justice H. S. Madaan Present: Mr. Rajesh Punj, Advocate for the petitioners.

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H. S. Madaan, J. (Oral) By way of filing the present petition under Section 482 Cr.P.C., petitioners - Kamal Sarkar and others, who are accused in FIR No. 456 dated 8.12.2014, for offences under Sections 406, 408 IPC, registered at Police Station Surajkund, Faridabad, seek quashing of the FIR, as well as the summoning order dated 8.6.2018 passed by the JMIC, Faridabad and order dated 18.1.2020 dismissing their revision petition by Additional Sessions Judge, Faridabad. I have heard Learned counsel for the petitioners, besides going through the record.

After perusal of the FIR in question, it cannot be said that it does not disclose commission of any cognizable offence or that it is an abuse of the process of Court. The summoning order passed is BANITA CHUGH 2020.02.19 15:23 I am the author of this document

CRM-M- 5580 of 2020 -2quite detailed and well reasoned. Similarly, the order passed by the Additional Sessions Judge, Faridabad, dismissing the revision petition filed by the accused challenging the summoning order, does not appear to be suffering from any illegality or infirmity. No ground is there to quash the impugned FIR and impugned orders. The matter is pending trial. The petitioners may take all the pleas available to them in the trial Court at appropriate time. However, the petition is without any merit and is dismissed accordingly.

( H.S. Madaan ) 18.2.2020 Judge chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No BANITA CHUGH 2020.02.19 15:23 I am the author of this document