LAWS(P&H)-2022-9-108

JASWINDER SINGH Vs. SUKHWINDER SINGH BHATIA

Decided On September 07, 2022
JASWINDER SINGH Appellant
V/S
Sukhwinder Singh Bhatia Respondents

JUDGEMENT

(1.) This is a petition filed under Sec. 482 Cr.P.C seeking quashing of the order dtd. 2/5/2022 passed by the revisional court whereby order passed by the learned Additional Chief Judicial Magistrate, Ludhiana under Sec. 156 (3) Cr.P.C.has been set aside.

(2.) The present lis was initiated by respondent No.1-complainant by filing a complaint against the petitioners with a prayer under Sec. 156(3) seeking directions to the police authorities to register FIR as per the dictum of law laid down by the Hon'ble Supreme Court in Lalita Kumar Vs. State of UP and others 2014 (2) SCC 1. The learned Magistrate dismissed the prayer made under Sec. 156 (3) Cr.P.C vide order dtd. 24/2/2022. The operative part thereof reads as under:-

(3.) The said order was impugned by the complainant before the revisional court. The revisional court vide impugned order dtd. 2/5/2022 has set aside the order passed by the ACJM, Ludhiana (ibid) and has remanded the complaint back to the learned trial Court with a direction to hear the revision petitioner and to decide the matter afresh as per law.