Punjab-Haryana High Court
Priti Pal Sharma And Another vs Om Uppal on 27 January, 2020
Author: H.S. Madaan
Bench: H.S. Madaan
CRM-M-36152-2018 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No.36152 of 2018 (O&M)
Date of decision: 27.01.2020
Priti Pal Sharma and another
...Petitioners
Versus
Om Uppal
...Respondent
CORAM: HON'BLE MR.JUSTICE H.S. MADAAN
Present: Mr. Akshay Jindal, Advocate with
Ms. Janya Sirohi, Advocate for the petitioners.
Respondent in person with Mr. Eshant Sondhi, Advocate for
Mr. Vinod S. Bhardwaj, Advocate.
H.S. MADAAN, J. (Oral)
By way of filing the present petition under Section 482 Cr.P.C., petitioners who have been summoned to face trial in a criminal complaint titled 'Om Uppal Vs. Inspector Virender Sharma etc.' by JMIC, Panchkula for offences under Sections 342, 506, read with Section 34 IPC and Section 25 of the Arms Act, vide summoning order dated 11.05.2018, seek quashing of the said complaint along with consequential proceedings.
Of course, the petitioners/accused had a right of challenging the summoning order by way of filing a revision petition before the Court of Sessions. If the summoning order is set aside, then the complaint becomes redundant qua them. The petitioners/accused instead of availing of that remedy have approached this Court directly under Section 482 1 of 2 ::: Downloaded on - 03-02-2020 01:06:31 ::: CRM-M-36152-2018 -2- Cr.P.C. Accordingly, the present petition is dismissed and the petitioners are relegated to the remedy of filing revision petition. The Revisional Court while considering the point of limitation may take into view the fact that the petitioners had approached this Court and were pursuing the matter here for quite some time.
27.01.2020 (H.S. MADAAN)
sumit.k JUDGE
Whether speaking/reasoned : Yes No
Whether Reportable : Yes No
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