IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-860 of 2011 Date of Decision: September 22, 2011 Ajay Bajpai .....PETITIONER(S) VERSUS State of Haryana & another .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Deepak Sabharwal, Advocate, for the petitioner. Mr. Anupam Sharma, Assistant Advocate General, Haryana. None for respondent No.2. . . . AJAI LAMBA, J (Oral) 1. This petition filed under Section 482 Cr.P.C. prays for quashing order dated 14/10/2009 (Annexure P-6) passed by the Judicial Magistrate Ist Class, Gurgaon; and order dated 6.2.2010 (Annexure P-7) whereby notice has been issued to the petitioner. The petition also challenges subsequent notice(s) issued to the petitioner. Crl. Misc. No. M-860 of 2011 [2] 2. Perusal of order dated 22.5.2009 (Annexure P-5) indicates that the Judicial Magistrate Ist Class, Gurgaon (Mrs. Archana Yadav), while dealing with criminal complaint under Sections 420, 467, 468, 471, 406 IPC, passed the following order:- “An application for exemption of the complainant moved. Heard. In view of the grounds as mentioned in the application, the presence of complainant is exempted for today only. On the request of the counsel for the complainant, case is adjourned to 14.10.09 for consideration on the point of summoning of accused.” 3. The perusal of order clearly indicates that the accused including the petitioner had not been summoned. On the adjourned date i.e. 14.10.2009, order Annexure P-6 came to be passed that reads as under:- “Court notice issued to the complainant and accused and their counsels be issued for 6.2.2010.” 4. It becomes evident that without passing of order of summoning, the accused have been summoned to stand trial. Subsequent orders have been passed as a consequence of order, Annexure P-6, so as to summon the accused. The impugned orders appear to have been passed without application of mind and without reference to the previous orders/ Zimni orders passed by the Court. 5. Without passing of order of summoning, after consideration of the preliminary evidence, the accused could not have been summoned to stand trial in terms of provisions contained in Chapter XV of the Code of Criminal Procedure. Order dated Crl. Misc. No. M-860 of 2011 [3] 14.10.2009 (Annexure P-6) is therefore rendered illegal and is hereby quashed. Orders passed in consequence of Annexure P-6 are also quashed. 6. The petition is accordingly disposed of. (AJAI LAMBA) September 22, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?