PC SANGHI Vs. A P SANWARIA

JUDGEMENT

(1.) The petitioner challenges the summoning order passed by the trial court dated 15.7.2010 (Annexure P-5) by virtue of which he has been summoned to face complaint for having committed offence u/s 500 IPC. Learned counsel for the petitioner has submitted that in view of catena of authorities, which are reproduced in the petition on pages 32 to 167, no offence is made out warranting the petitioner to face trial in a complaint u/s 500 IPC.

(2.) I have heard learned counsel for the petitioner and appreciated the contentions but I am of the opinion that a revision petition is maintainable against the summoning order. The court exercising revisional jurisdiction is competent to examine the legality and propriety of the summoning order in context to the allegations made in the complaint and the preliminary evidence produced. All the pleas raised by the petitioner, can be raised before the revisional court. Without expression of any opinion on merits of the case, at this stage, the petition is disposed of with a direction that in case the petitioner files a revision petition before the Sessions Court, the same will be entertained and the personal apperance Cr.Misc. M 32226 of 2010 2 of the petitioner before the trial court , during pendency of the revision petition, will remain exempted. This relief is available only if the revision petition is filed within a period of one month. All the pleas, taken up in this revision petition, can be raised before the revisional court.