JASVIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking quashing of order dtd. 6/8/2022 (Annexure P-5) passed by the Court of learned Additional Sessions Judge, Sangrur vide which the said Court accepted the revision petition filed by respondent No.2-Azeez Khan and set aside the order dtd. 24/11/2021 (Annexure P-3) passed by the Court of learned Additional Chief Judicial Magistrate, Sangrur and directed the said Court to commit the case bearing FIR No.220 dtd. 28/7/2019 under Ss. 212/34 IPC Police Station Bhawanigarh to the Court of Session for its trial along with the main case having FIR No.203 dtd. 14/7/2019 registered under Sec. 302/34 IPC, Police Station Bhawanigarh.

(2.) I have heard the counsel for the petitioner as well as the State counsel.

(3.) The counsel for the petitioner has submitted that the order dtd. 24/11/2021 passed by the Court of Addl. Chief Magistrate, Sangrur was an interlocutory order and as such the revision filed before the Court of Additional Sessions Judge, Sangrur against the said order by Azeez Khan (complainant in FIR No.220 dtd. 28/7/2019 under Ss. 212/34 IPC Police Station Bhawanigarh), was not maintainable as per the provisions of Sec. 397(2) Cr.P.C. In support of his contentions the counsel for the petitioner has placed reliance upon Order dtd. 13/3/2020 passed by the Coordinate Bench of this Court in CRR No.3728 of 2017 (O&M) titled as Raj Kumar vs. Ravinder and Ors. wherein it was held that as per the decision of Hon'ble Apex Court in Girish Kumar Suneja vs. CBI 2017(3)RCR(Cri.)665, the Court cannot exercise its revisional jurisdiction against an interlocutory order.