SATBIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure has been filed for setting aside the order dated 21.9.2013, passed by the learned Additional Sessions Judge, Narnaul, vide which, the order dated 27.7.2013, passed by learned Judicial Magistrate, 1st Class, Mohindergarh, was set aside and remanded the case to decide the application under Section 319 Cr.P.C. afresh.

(2.) An FIR No.337 dated 11.11.2007, under Sections 323, 324, 326, 34 of IPC was registered against the petitioner and other persons. During investigation, the petitioner was found innocent and he was kept in column no.2, in the report filed under Section 173 Cr.P.C. Thereafter, the complainant moved an application under Section 319 for summoningthe petitioner as an accused, which was dismissed by the trial Court vide impugned order dated 27.7.2013. Against the order of dismissal, the complainant moved a revision before the revisional Court, which was allowed vide order dated 21.9.2013, order dated 27.7.2013, was set aside and the case was remanded back to the trial court to reconsider the matter afresh and decide in accordance with law.

(3.) Learned counsel contends that during investigation, the petitioner was found innocent and he was kept in column no.2. He further submits that the petitioner is a government servant and he has been implicated in the present case with malafide intention. He cites Sarabjit Singh and another vs. State of Punjab and another, 2009 16 SCC 46.