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Judgment
Prafulla C. Pant, J.—Heard.
By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the order dated 01.07.2010, passed by Judicial Magistrate, Roorkee, in criminal complaint case No. 2595 of 2009, Aarti Chandani v.. Anupam Gupta, relating to offence punishable u/s 406 Indian Penal Code, 1860. Also, the order dated 27.04.2011, passed by Additional Sessions Judge, Roorkee, in Criminal Revision No. 273 of 2010, is challenged whereby the order of the Magistrate is affirmed.
Impugned orders show that the trial court has decided to frame the charge after hearing the parties, and considering the material on record in respect of offence punishable u/s 406 Indian Penal Code, 1860. The revisional court also, after hearing the parties, came to same conclusion.
Learned Counsel for the Petitioner argued that the ingredients of the offence punishable u/s 406 Indian Penal Code, 1860, are not made out.
However, having gone through the statement of P.W. 1 Aarti Chandani, P.W. 2 Jagdeep Chandani, and P.W. 3 Vijay Singh Chauhan, recorded u/s 244 Code of Criminal Procedure, and other papers on record, this Court is not inclined to interfere with the decision taken by the trial court to frame the charge against the Petitioner.
Therefore, without expressing any opinion as to final merits of the case pending before the trial court, this writ petition is dismissed summarily with the observation that the Petitioner can raise pleas of his defence during trial. It is observed that the trial court may proceed with the case as expeditiously as possible. (Stay application No. 8505 of 2011, also stands dismissed).