LAKHBIR SINGH Vs. PARAMJIT KAUR

JUDGEMENT

(1.) Smt. Paramjit Kaur filed a complaint under Section 405 and 406 I.P.C. against her husband Lakbir Singh and parents in law namely Dalip Singh and Smt. Gurbachan Kaur alias Bachni in the Court of Shri J.S. Chawla, Judicial Magistrate, Pt class Amritsar. After examining upon oath the complainant and her witnesses Shingara Singh (P.W. 2) and Jagat Singh (P.W. 3) and reducing to writing the substance of such examination under Section 200 Cr. P.C. he formed an opinion that there was sufficient ground for proceeding under Section 406 I.P.C. and issued his summons for the attendance of the accused under Section 204 Cr. P.C. vide his order dated 10.3.1989. Then after appearance of the accused he heard the learned counsel for the parties and discharged the accused and dismissed the complaint on 30.7.1991.

(2.) The correctness propriety regularity and legality of the said order dated 30.7.1991 of the Judicial Magistrate 1st Class, Amritsar, was challenged in revision petition under Section 397/398, Cr. P.C. by the complainant in Criminal Revision No. 150 of 1991. The learned Additional Sessions Judge, Amritsar Vide his order dated 21.10.1992 set aside the order dated 30.7.1991 of the judicial Magistrate 1st class. Amaritsar and remanded the case to the trial Court with a direction to proceed further in the matter in accordance with law.

(3.) It is that judgment dated 21.10.1992 of the lower revisional Court the legality of which has been challenged by the accused and which requires my examination of its sustainability.