HARINDER NATH BHARDWAJ Vs. M.C. SHARMA

JUDGEMENT

(1.) HARINDER Nath Bhardwaj, who filed a complaint in the court of Sub Divisional Judicial Magistrate, Rajpura has come in this revision against the order dated 27th July 1992 passed by the Additional Sessions Judge, Patiala, vide which he set aside the order of summoning passed by the Magistrate.

(2.) THIS petition has to be allowed without referring to the complete facts by the petitioner. The petitioner, who is an employee of ICL Public School filed a complaint for offence, under Section 500/341/506/34 IPC on the allegations that he was not allowed to enter the school promises and on the day he went inside he was told to get out of the premises and one of the accused made remarks addressing him which were defamatory. While setting aside the summoning order, the learned Additional Sessions Judge was impressed by the fact that the Magistrate had not discussed the evidence and the order did not contain any valid ground and there was non-application of the judicial mind. This conclusion of the learned Additional Sessions Judge has to be upheld but after the order had been set aside the only recourse open to the Additional Sessions Judge was to remand the case and direct the trial Magistrate to reconsider the matter of summoning after appreciating the evidence brought before him. 1, hereby allow this petition and give a direction to the Magistrate to reconsider the matter of summoning of the accused persons after assessing the evidence brought on record by recording a speaking order. Complainant to appear before the trial court on 3.8.1993.