Prabhjot Singh Mulhotra vs Surjit Singh

Viney Mittal, J.—The present petition has been filed u/s 482 Cr.P.C. by the petitioner for quashing of the complaint dated September 9, 1987 and the summoning order dated December 21, 1987. A copy of the aforesaid complaint has been appended as Annexure P-1 with the petition whereas the summoning order has been appended as Annexure P-2 with the present petition.

I have gone through the averments made in the present petition. In my view, there is no justification for quashing the aforesaid complaint or summoning order in the exercise of inherent powers of this Court u/s 482 Cr.P.C.

Accordingly, the present petition is hereby dismissed. However, the petitioner would be at liberty to file an appropriate application before the learned trial Magistrate for dropping of the criminal proceedings against him. While filing the aforesaid application. It shall be open to the petitioner to raise all the pleas raise din the present petition and of the defences available to him in accordance with law before the trial Court. If any such application is filed by the petitioner, the trial Magistrate would decide the same on merits after affording an opportunity of hearing to all concerned. The personal presence of the petitioner shall also remain exempted during the course of trial. However, the learned trial Court is at liberty to secure the personal presence of the petitioner as and when the same is required by it in accordance with law.

Since the matter has remained pending in this Court for a sufficiently long time, therefore, the trial Court is directed that the proceedings in the case be concluded expeditiously and in any case not later than.