Gulshan Kumar vs State of Haryana - 2024 Supreme(P&H) 815

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 815

KULDEEP TIWARI
Gulshan Kumar – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
Mr. Ashit Malik, Advocate; For the Petitioner
Mr. Bhupender Singh, DAG, Haryana.
Mr. D.K. Tuteja, Advocate, for Respondent No. 2-Complainant.

JUDGMENT

Mr. Kuldeep Tiwari, J.

The petitioner, who is facing trial as an accused in FIR No.493, dated 30.10.2008, under Sections 420, 466, 467, 468 and 471 of the IPC, registered at Police Station Civil Lines, Rohtak, District Rohtak, as well as in a private complaint dated 11.06.2006, under Sections 420, 466, 467, 468 and 471 of the IPC, throws challenge to the order 01.03.2017 (Annexure P-8) passed by the Judicial Magistrate Ist Class, Solanki, Rohtak, (hereafter referred to as 'the learned trial court concerned'), whereby the third application preferred under Section 311 Cr.P.C. by the prosecution, has been allowed. This caused grievance to the present petitioner/accused and propelled him to invoke the inherent powers of this Court as envisaged under Section 482 of the Cr.P.C. for quashing of impugned order (supra).

Brief Facts

2. Before proceeding to evince any opinion upon the legality of the impugned order, it deems imperative to deal with the facts in detail as the case has its chequered history.

3. In the instant case a complaint was filed by respondent no.2-Ramesh Chander, who alleged therein that he was owner of 2/5th share in shops No.361 to 367, Quilla Road, Rohtak, i.e.