RAJESH RAWAT Vs. KARAN SINGH DAGAR

JUDGEMENT

(1.) HEARD . Karan Singh respondent had filed a complaint against the present petitioners for the offence under Sections 452/395/506/323 IPC. After recording preliminary evidence that complaint was dismissed by Sub Divisional Judicial Magistrate, Palwal. Then Karan Singh had filed a revision petition and Sessions Judge, Faridabad had vide impugned judgment dated 11.3.2004 allowed the petition. Sessions Judge had directed the Magistrate to issue process for summoning the accused to face trial in accordance with law.

(2.) COUNSEL for the petitioner argues that when the complaint was dismissed under Section 203 Criminal Procedure Code by the Magistrate, then Sessions Judge could make an order for further enquiry and proceedings in accordance with law. No directions for summoning and issuing process could be given as per Section 398 Criminal Procedure Code. Section 398 Criminal Procedure Code provides as under :