B.S. SANDHU Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE respondent Rajinder Singh filed an application dated 10th January, 1986, under section 340 Code of Criminal Procedure (hereinafter referred to as the Code) (Annexure P-1), against the petitioner B.S. Sandhu and six others in the Court of Mrs. Raj Rahul Garg, Sub-ordinate Judge Ist Class, Chandigarh. On the presentation of application, the learned Subordinate Judge issued notice (Annexure P-2) to the petition and other respondents in the application, for a specified date, on the same day. The petitioner has challenged the validity of the order annexure P-2 under section 482 of the Code. This petition has been contested by Rajinder Singh.

(2.) SECTION 340(1) of the Code, under which the application was filed by the Rajinder Singh in the Court of the Subordinate Judge, reads as under :-

(3.) FOR the reasons, this petition is allowed and the impugned order annexure P-2 is hereby quashed. The learned Subordinate Judge is directed to proceed on the application of Rajinder Singh under section 340 of the Code in accordance with law, in the light of the above observations. Petition allowed.