SIMARJEET SINGH BAINS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner is seeking quashing of the order dtd. 7/6/2021 (Annexure P5) passed by the Additional Sessions Judge, Ludhiana, (hereinafter referred to as 'ASJ, Ludhiana1) whereby revision petition of the complainant/respondent No.2 against the order dtd. 24/12/2020 (Annexure P3), treating her application under Sec. 156(3) Cr.P.C. as a complaint was set aside and the case remanded back to the Magistrate/trial court for a fresh decision. In addition, a prayer has also been made to set aside the order dtd. 7/7/2021 (Annexure P6) passed by the Additional Chief Judicial Magistrate, Ludhiana, (hereinafter referred to as 'ACJM, Ludhiana') whereby the SHO of Police Station Division No.6,Ludhiana, was directed to register a criminal case and to investigate it on the grounds that the said order was illegal having been passed contrary to the settled tenets of criminal jurisprudence and without any application of judicial mind.

(2.) On being put to notice, the State of Punjab filed its status report by way of a short affidavit of Shri Randhir Singh, PPS, Assistant Commissioner of Police, Industrial Area-B, Ludhiana. Respondent No.2-complainant was represented by a counsel and chose not to file any reply.

(3.) Before adverting to the case in hand it would be apt to give a brief run up of the sequence of events which led the petitioner to file the instant petition.