KULDIP CHAND BHALLA Vs. KAMALJIT SINGH

JUDGEMENT

(1.) This is a petition under S. 482, Cr. P.C. filed by the complainant-petitioner, challenging the order dated 10-5-1999, passed by the Sub-Divisional Judicial Magistrate, Nawanshahr and order dated 9-7-2001, passed by the learned Additional Sessions Judge, Nawanshahr, vide which the criminal complaint filed by the petitioner was dismissed and the revision petition against the said order was also dismissed, respectively.

(2.) The learned counsel for the petitioner has submitted that the order dated 10-5-1999, passed by the SDJM, Nawanshahr, is illegal, as is does not give any reason as to why the complaint has been dismissed. Even the evidence led by the complainant had not been looked into by the learned Magistrate, while dismissing the criminal complaint. He has further submitted that the learned Additional Sessions Judge, had dismissed the revision petition being a revision against an interlocutory order.

(3.) After hearing the learned counsel for the petitioner and after perusing the record, in my opinion, the present petition under S. 482, Cr. P.C. must succeed and the orders passed by the Courts below, must be set aside. I am further of the opinion that it is not necessary to issue notice to the accused-respondents, in the present petition under S. 482, Cr. P.C. as they have not so far been summoned as accused in the criminal complaint.