JASMAIR SINGH GILL Vs. MOHINDER SINGH

JUDGEMENT

(1.) Prayer in the present petition, filed under Section 482 of the Cr.P.C, is for quashing of the orders dated 1.11.2003 and 2.4.2004 (Annexures P-3 & P-5), passed by the Additional Chief Judicial Magistrate, Patiala, as also the order dated 10.7.2004 (Annexure P-7), passed by the Additional Sessions Judge, Patiala.

(2.) The petitioner filed a private complaint, under Sections 452/323/324/325/326/506/307 of the IPC. During the course of evidence, the petitioner was detained by the police in another case, for the commission of offences under Sections 452/323/376/511/506 of the IPC. The petitioner, being in judicial custody, could not appear, before the trial Court and as no application for exemption was filed or the aforementioned fact brought to the notice of the trial Court, the complaint was dismissed in default, vide order dated 1.11.2003 (Annexure P-3).

(3.) The petitioner filed an application, for recalling the aforementioned order, which was dismissed, vide order dated 2.4.2004 (Annexure P-5). A revision, filed by the petitioner, before the Additional Sessions Judge, Patiala met the same fate.