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2015 (8) TMI 1546 - PUNJAB AND HARYANA HIGH COURTAdditional complaint - respondent complainant/ Board sought to make the petitioners as accused persons, not in the capacity as Directors or Principal/responsible officers of M/s. QRG Central Hospital & Research Centre but as Directors or authorised representatives of M/s. QRG Medicare Limited, a different company incorporated under the Companies Act - HELD THAT:- The facts of the case are hardly in dispute. Original Complaint No. 10 of 2013 (Annexure P-5) was already pending. In the said original complaint, even the summoning order dated 25.4.2014 (Annexure P-7) has been issued by the learned court of competent jurisdiction. During the pendency of the above-said original complaint (Annexure P-5), complainant-respondent/Board filed the impugned additional complaint No. 158 of 2014 dated 3.9.2014 (Annexure P-1), which was not maintainable in the present form and at this stage of the trial of original complaint. Learned senior counsel for the petitioners has rightly contended and was fully justified to say so that once the learned court has taken the cognizance of the original complaint, the complainant-Board ought to have waited till the appropriate stage and the present petitioners along with other accused persons, if any, could have been summoned to face the criminal trial as additional accused, by moving an appropriate application under Section 319 Cr.P.C. In case, after re-examination of the matter, the respondent- Board was of the view that some additional accused were also involved in the commission of offence in question, it should have waited and taken recourse to the well known procedure of law provided under Section 319 Cr.P.C., by invoking the said provisions at the appropriate stage. Such peculiar fact situation, as obtaining in the present case, has been taken care of by the legislature by providing Section 319 Cr.P.C on the statute book - However, since the complainant-Board proceeded in haste without waiting for the appropriate stage of the criminal trial of its original complaint (Annexure P-5), additional complaint (Annexure P-1) was not maintainable and the same cannot be sustained, for this reason also. The cognizance of the offence having already been taken by the learned Magistrate, while issuing summoning order (Annexure P-7) in the original complaint (Annexure P-5), neither the additional impugned complaint (Annexure P-1) was maintainable nor the impugned summoning order (Annexure P-3) could have been issued, thus, the impugned additional complaint (Annexure P-1) as well as the impugned summoning order (Annexure P-3) cannot be sustained, for this reason as well. Petition allowed,
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