BALBIR SINGH Vs. GURDIAL SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. for quashing the complaint No. 351/1 dated 7.9.1996/26.5.1997 pending in the Court of Judicial Magistrate Ist Class, Jagadhri and the summoning order dated 30.8.1997 vide which the petitioners have been summoned under Sections 332, 353, 504, 506 and 34 IPC.

(2.) AT the hearing, learned counsel for the petitioners very fairly conceded that the impugned order is revisable order. When an order is revisable, there is a specific provision under the Cr.P.C. i.e. under Section 397 that a revision lies to the Court of Sessions. Once there is a specific provision under the Code, the petition under Section 482 Cr.P.C. is not maintainable. Reliance can be placed upon Balabhadra Dash and another v. State of Orissa and others, 1991 Crl. L.J. 2457 in which his Lordship has held as under :-

(3.) IN view of the above observations, the petition is disposed of with a direction that the petitioners, if so advised, may file a revision petition before the Sessions Judge. Petition disposed of.