SOM NATH @ SOMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This revision petition has been filed against the order dated 22.2.2010 whereby the Petitioner has been summoned under Section 319 of the Code of Criminal Procedure to face trial in case FIR No. 176, dated 15.12.2008, registered under Sections 323, 324, 326, 452, 34 of the IPC, at Police Station Mehta.

(2.) A perusal of the impugned order reveals that it is an extremely cryptic order. The trial Court has not even considered various parameters as laid down in Michael Machado and Anr. v. Central Bureau of Investigation and Anr., 2000 2 RCR(Cri) 75, Ram Singh and Ors. v. Ram Niwas and Anr., 2009 3 RCR(Cri) 501, Sarabjit Singh and Anr. v. State of Punjab and Anr., 2009 3 RCR(Cri) 388 and Attar Singh v. Amarjit Singh and Ors., 2009 3 RCR(Cri) 647. In the circumstances, I deem it appropriate to set aside the impugned order. Consequently, this revision petition is allowed, the order dated 22.2.2010 is set aside and the matter is remitted to the trial Court to decide the same afresh, after considering various parameters as laid down in the aforesaid judgments.