HARBANS SINGH Vs. RATTAN SINGH

JUDGEMENT

(1.) THIS order will dispose of Criminal Revisions Nos. 709 and 710 of 1989 arising out of the order of the learned Additional Sessions Judge, Patiala, dated July 6, 1989.

(2.) THE facts of the case, briefly stated, are that Rattan Singh respondent, since deceased filed a complaint under section 307/326/325/323/120-B/148/149 of the Indian Penal Code on March 24, 1988, against the petitioners. After recording preliminary evidence, the Judicial Magistrate 1st class, Patiala, summoned the petitioners under sections 325/323/506/148/149 of the Indian Penal Code. The petitioner filed a revision petition against the summoning order. During the pendency of the revision petition before the Additional Sessions Judge, Rattan Singh complainant (respondent in the revision petition) died on January 18, 1989. His son Baljit Singh made an application for permission to continue the proceedings in the complaint. By the impugned order, the learned Additional Sessions Judge allowed the application and dismissed the revision petition on merits. In these petitions, the aforesaid order of the learned Additional Sessions Judge is assailed.

(3.) THE contention of Mr. Bipan Ghai, on the other hand, is that the offences, which were alleged in the complaint and for which the accused had been summoned, were triable as warrant case and the relevant provision is section 249 of the Code Even otherwise, he contended that section 249 did not empower the Magistrate or for that matter the revisional court, which was seized of the case at the material time, to dismiss the complaint. He has also referred to a number of authorities in support of his contention.