KARTAR SINGH Vs. JOGINDER SINGH DHULL

JUDGEMENT

(1.) Prayer in the present petition, filed under Section 482 of the Cr.P.C, is for quashing the order dated 13.2.2003, passed by the Additional Sessions Judge, Panipat, whereby the revision, filed by respondent No.1, against the summoning order, dated 3.6.2000, was accepted and the summoning order, qua respondents No.1 to 8, set aside. I have heard learned counsel for the parties and perused the record.

(2.) Admittedly, a revision, against the summoning order dated 3.6.2000, was filed by respondent No.1-Joginder Singh Dhull alone. Respondents No.2 to 8 did not prefer any revision. A perusal of the impugned order reveals that the Additional Sessions Judge, Panipat, while accepting the revision, has set aside the summoning order not only with respect to respondent No.1 but also with respect to respondents No.2 to 8. It is, thus, apparent that the impugned order suffers from an error of jurisdiction and, therefore, must be set aside. Another infirmity that appears to have been committed is that the Additional Sessions Judge, Panipat appraised the evidence, as if he was hearing an appeal, and lost sight of the fact that it was a revision, wherein evidence etc. has to be appraised for a limited purpose.

(3.) In view of what has been stated above, the present petition is allowed and the impugned order dated 13.2.2003, passed by the Additional Sessions Judge, Panipat is set aside. The matter is remitted to the Additional Sessions Judge, Panipat for a decision afresh, in accordance with law, within a month of the receipt of a certified copy of this order.