RAJBIRINDER SINGH CHAHAL Vs. CHANDER PRAKASH MALHOTRA

JUDGEMENT

(1.) Petitioner Rajbiriinder Singh Chahal has filed this petition against Chander Prakash Malhotra respondent under Section 482 Cr.P.C. for quashing the impugned order dated 15.11.2011 passed by learned Addl. Sessions Judge, Chandigarh, whereby the application filed by the petitioner for dismissal in limine of a revision petition filed by respondent under Section 397 Cr.P.C. challenging the discharge of the petitioner, has been dismissed.

(2.) The petitioner argued that the order 15.11.2011, learned Addl. Sessions Judge, Chandigarh dismissed the application filed by the petitioner for dismissal of the revision petition filed by the respondent. He argued that the respondent has no right to file a revision petition as the proceedings were initiated on the complaint filed by the Court and in that case, petitioner has been discharged and respondent filed the revision.

(3.) On the other hand, learned counsel for the respondent argued that application has been dismissed as per law because an appeal is provided under Section 341 Cr.P.C. only to challenge the order of filing the complaint or making enquiry under Section 340 Cr.P.C. When the complaint is filed and the Court has taken the cognizance of the matter by framing the charge or by discharging the party under Section 239/240 Cr.P.C., then only a revision under Section 397 Cr.P.C. will lie and not the appeal under the provisions of Section 341 Cr.P.C.