MANMOHAN SINGH Vs. BADAL SINGH

JUDGEMENT

(1.) This is a petition under Sec. 482 Code Criminal Procedure for quashing the complaint Annexure P-1 dated 24.12.1994 and the summoning order, Annexure P-2 passed by the Judicial Magistrate 1st Class, Nawanshahar under sections 325/506 Indian Penal Code and all the consequent proceedings.

(2.) At the hearing, Mr. Kanwaljit Singh, learned counsel for the petitioner very fairly conceded that the summoning order is a revisable order.

(3.) When there is specific provisions under the Code of Criminal Procedure i.e. Sec. 397 and 401 Code Criminal Procedure under which a revision lies, then petition under Sec. 482 Code Criminal Procedure is not maintainable. In this regard, reliance can be placed on Balabhadra Dash and another Vs. State of Orissa and others 1991 Crl. L.J. 2457 in which his Lordship has held as under :