Criminal Misc. No. M-26509of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-26509 of 2009 (O&M) Date of decision: 22.9.2009 Lt. Col. R. S. Yadav (Retd.) .. Petitioner v. State of Haryana and others .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. K. S. Yadav, Advocate for the petitioner. .. Rajesh Bindal J. Challenge in the present petition is to the order dated 11.4.2009, passed by learned Additional Sessions Judge, Rewari, whereby that of the Additional Chief Judicial Magistrate, Rewari was upheld and the complaint filed by the petitioner was dismissed at the summoning stage on account of insufficiency of material before the court for summoning the accused. Learned counsel for the petitioner submitted that detailed evidence could be led only after summoning of the accused. The court could examine the issue in the presence of both the parties and should not have dismissed the complaint at the initial stage. However, I do not find any merit in the arguments raised. Firstly, the petitioner has already availed the remedy of revision against the order passed by Additional Chief Judicial Magistrate, Rewari before the learned Additional Sessions Judge. Second revision is specifically barred. To challenge the order, present petition has been filed under Section 482 Cr.P.C. Special circumstances have not been pointed out to invoke the extra ordinary jurisdiction of this Court. Under the garb of petition under Section 482 Cr.P.C., the remedy of second revision is sought to be availed, which cannot be permitted. Further, as has been opined by the learned courts below, it was only the oral statement of the complainant before the court on the basis of which the accused were sought to be summoned. There was no material corroborating the same to enable the Court to have formed a prima facie opinion to summon the accused, though the case set out was regarding cheating. The petitioner did not even prove on record his ownership of the property or the power of attorney allegedly forged. Criminal Misc. No. M-26509of 2009 [2] For the reasons mentioned above, I do not find any merit in the present petition. Accordingly, the same is dismissed. (Rajesh Bindal) Judge 22.9.2009 mk