Summoning an accused in a criminal case is a serious matter and must be based on a prima facie case of an offence having been committed.

S.J. VAZIFDAR, J.

This is a petition under section 482 of the Code of Criminal Procedure against the order of the learned Additional Sessions Judge, Karnal dismissing Criminal Revision No.199 of 2011 filed by the petitioner-complainant.

2. The petitioner filed the complaint dated 15.06.2010 before the Court of the learned Illaqa Magistrate, Karnal.

3. Before the learned Judicial Magistrate Ist Class, the petitioner was the complainant and respondent Nos.1 to 5 were one Ram Kumar Kalyan, his wife Om Lata Kalyan, Pardip Chaudhary, Honey Chaudhary and Rajinder Singh Cheema, a Senior Advocate, respectively. Respondent No.5 is the sole respondent before us.

4. The learned Judicial Magistrate Ist Class summoned only accused/respondents No.1 to 4 and not respondent No.5 under sections 420, 467, 468, 471 read with section 120-B of the Indian Penal Code.

5. The petitioner-complainant filed Criminal Revision No. 199 of 2011 against the order of the learned Judicial Magistrate Ist Class in so far as respondent No.5 i.e. the Advocate was not summoned. The learned Additional Sessions Judge having dismissed Criminal Revision No. 199 of 2011, the complainant has filed the present petition under section 482 of the Code of Criminal Procedure to set-aside the order dated 19.09.2011 passed by the learned Judicial Magistrate Ist Class, Karnal and the order dated 04.04.2013 passed by the learned Additional Sessions Judge in so far as the said orders declined to summon respondent No.5.

6. Respondent Nos.1 to 4 had filed Civil Revision No. 39 of 2012 before the Court of learned Additional Sessions Judge, Karnal against the order of the learned Judicial Magistrate Ist Class, in so far as it summoned them under the provisions of the Indian Penal Code which was dismissed by the learned Additional Sessions Judge. This petition is not concerned with the same.

7. One Nabheet Kalyan was the son of Ram Kumar Kalyan and Om Lata Kalyan (respondents No.1 and 2 before the JMIC). The complainant was married to Nabheet. Respondent Nos.3 and 4 before the Judicial Magistrate Ist Class are the attesting witnesses of an alleged will of the late Nabheet. Respondent No.5 before the Judicial Magistrate Ist Class and the only respondent in this petition is a senior Advocate who practices in this Court.

8. The petitioner filed the complaint dated 15.06.2010 before the Court of learned Illaqa Magistrate, Karnal. The complaint, inter-alia, states as follows:-

The petitioner was married to the said Ram Kumar Kalyan’s son, namely, Nabheet Kalyan. On 22.04.2008, a tragic incident took place at her marital home in which Nabheet and the petitioner’s brother Sramveer died on account of bullet wounds. The petitioner was also injured in the firing. A criminal complaint titled as Renuka v. Ram Kumar Kalyan and Om Lata Kalyan and others was filed under sections 302, 307 read with section 34 of the Indian Penal Code and under the provisions of the Arms Act. Ram Kumar Kalyan was convicted whereas Om Lata Kalyan was acquitted by the Court of learned Additional Sessions Judge, Karnal. Ram Kumar Kalyan challenged that conviction order by filing Criminal Appeal-D-922 of 2011. The petitioner filed Criminal Appeal-AD-12 of 2015 against the order of acquittal of Om Lata Kalyan. By a separate order and judgment we disposed of both the appeals. We have allowed Ram Kumar Kalyan’s appeal and dismissed the petitioner’s appeal.

For the purpose of this petition, it is sufficient to note only a few facts about the incident. There were disputes between the petitioner and her husband as well as her in-law’s. The petitioner’s case is that on account of the constant harassment she had to leave the matrimonial home. On 22.04.2008 her husband Nabheet came to her parent’s home and forcibly took away their minor daughter Ananya. The petitioner and her brother Sramveer went to the petitioner’s in-laws house in the night on 22.04.2008. Pursuant to an altercation and Nabheet’s manhandling the petitioner, Sramve