RAMESH KUMAR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Feeling aggrieved against the order dated 3.8.2012 passed by the learned Additional Sessions Judge, Amritsar, thereby dismissing the revision of the petitioner, filed under Section 397 of the Code of Criminal Procedure ('Cr.P.C.' for short), against the order dated 24.9.2011 passed by the learned Judicial Magistrate 1 st Class, Amritsar, dismissing the application of the petitioner for discharge and framing of charge against him along with his other co accused, the petitioner has approached this Court, by way of instant petition under Section 482 Cr.P.C., invoking its inherent jurisdiction, for quashing of the above said impugned orders.

(2.) Learned counsel for the petitioner, while relying upon the order dated 22.12.2010, passed by this Court disposing of criminal miscellaneous application bearing No. 61865 of 2010, filed by the petitioner, in Crl. Misc. No. M-7509 of 2010 (Ramesh Kumar versus State of Punjab and another), vehemently contented that learned trial court has misdirected itself, while passing the impugned order dated 24.9.2011 (Annexure P-9), framing the charge against the petitioner. Learned counsel for the petitioner submits that while framing the charge, the learned trial court failed to give due weightage to the above said order dated 22.12.2010 passed by this Court.

(3.) Learned counsel for the petitioner further submits that even the learned Additional Session Judge, Amritsar, failed to appreciate the true facts of the case as well as the settled legal proposition, while passing the impugned order dated 3.8.2012 (Annexure P-10), thereby dismissing the revision of the petitioner filed under Section 397 Cr.P.C., against the above said order dated 24.9.2011, passed by the learned trial court.