Delhi High Court
Ms Pinki & Anr vs State on 14 October, 2015
Author: Suresh Kait
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 14th October, 2015
+ Crl M C No.4303/2015
MS PINKI & ANR ..... Petitioners
Represented by: Mr.O.P.Gupta and Mr.Nitin
Garg, Advs.
versus
STATE ..... Respondent
Represented by: Ms.Meenakshi Chauhan,
APP for the State with SI
Manoj Dahiya, PS Punjabi
Bagh, Delhi in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
Crl. M.A. No.15225/2015 (Exemption)
Exemption allowed, subject to all just exceptions.
Accordingly, the application is allowed.
Crl M.C.No.4303/2015
1. Notice issued.
2. Ms.Meenakshi Chauhan, learned APP accepts notice on behalf of
the State.
3. With the consent of learned counsel for parties, instant petition is
taken up for disposal.
4. Vide the present petition under Section 482 Cr P C, petitioners have
assailed the orders dated 27.02.2015 and 26.06.2015 passed by learned
Trial Court as well as order dated 17.08.2015 passed by learned
Additional Sessions Judge in Criminal Revision Petition No.24/1/2014.
5. Vide initial order dated 27.02.2015, learned Trial Court took the
cognizance in the charge sheet filed by police in case FIR No.958/2014
for the offences punishable under Sections 323/341/506/34 of the IPC.
The charge sheet was filed against four accused persons wherein two
accused persons were put in column No.11 and the petitioners before this
Court were figured in column No.12, however, learned MM issued
summons to all four accused persons with notice to their sureties.
Subsequently, vide order dated 26.06.2015, the said learned Judge issued
NBWs against petitioners with notice to their sureties under Section 446
of the Cr P C.
6. On perusal of the said order, it is transpired that learned Judge has
not given any reasons as to why the petitioners were summoned. It seems
that learned Magistrate has passed the order mechanically without giving
any reasons therefor.
7. It is settled law that when summons are to be issued against the
persons those who are charge sheeted while placing them in column
No.12, the Magistrate has to give reasons for summoning them to face the
trial, which is apparently absent in the instant case.
8. Accordingly, order dated 27.02.2015 passed by learned Magistrate
against the petitioners is hereby quashed. Consequently, the subsequent
order dated 26.06.2015 and proceedings arising therefrom is also
quashed. Needless to state that learned Judge is at liberty to pass a fresh
order for summoning the persons figured in column No.12 of the charge
sheet, after giving reasons thereof, at this stage or subsequently at the
appropriate stage.
9. In view of above terms, instant petition is allowed and stands
disposed of.
10. Order dasti.
Crl.M.ANo.15224/2015 (for stay)
Dismissed as infructuous.
SURESH KAIT
(JUDGE)
OCTOBER 14, 2015
M
