MAKHAN SINGH AND ANR. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') seeking quashing of the Orders dated 5.6.2002 alongwith charge sheet (Annexure P -5) and order dated 4.3.2004 (Annexure P -6).

(2.) AFTER hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed.

(3.) AGGRIEVED by the said order the petitioners filed a Revision Petition before the Court of Revision. The petitioners had raised two pleas that the Trial Court had over -looked the point of limitation and territorial jurisdiction at the time of framing of the charge. A perusal of the impugned order dated 4.3.2004 passed by Additional Sessions Judge, Sangrur reveals that although the plea of the petitioners qua point of limitation has been noticed but while deciding the petition the said plea of the petitioners has not been dealt with. In these circumstances, it would be just and expedient to remand the case back to the Court of Revision to decide the matter afresh by adjudicating all the points raised by the petitioners.