LAWS(P&H)-2011-8-262

SHARAD KAPOOR Vs. SHARAN PAL SINGH

Decided On August 30, 2011
Sharad Kapoor Appellant
V/S
Sharan Pal Singh Respondents

JUDGEMENT

(1.) CRM No.46349 of 2011

(2.) FOR reasons mentioned in the application, which is accompanied by affidavit, and adopting liberal approach, delay of 96 days in filing the revision petition is condoned.

(3.) PETITIONER filed criminal complaint (Annexure P -1) at Amritsar, against respondent (resident of Gurgaon) and two others (residents of New Delhi) under Sections 323, 504, and 506 read with Section 34 IPC. Learned trial Magistrate vide order dated 11.08.2009 Annexure P -2 ordered summoning of all the three accused for the aforesaid offences. Accused No.1 respondent challenged the said summoning order by filing revision petition before Sessions Court. Learned Additional Sessions Judge (Ad hoc), Amritsar vide impugned judgment dated 01.03.2011 Annexure P -3 has partly allowed the revision petition and after setting aside the summoning order, the case has been sent back to the Court of Judicial Magistrate Ist Class, Amritsar, to pass order in accordance with law and after complying with the mandatory provisions of Section 202 of the Code of Criminal Procedure (in short 'Cr. P. C'). Feeling aggrieved, complainant has filed the instant revision petition.