LAWS(P&H)-2007-1-31

LAL CHAND Vs. SUKHWINDER SINGH DHILLON

Decided On January 30, 2007
LAL CHAND Appellant
V/S
Sukhwinder Singh Dhillon Respondents

JUDGEMENT

(1.) THE complainant Lal Chand has filed this revision petition, which is barred by limitation, for setting aside the order dated 4.3.2006, passed by Additional Sessions Judge (Adhoc), Fast Track Court, Muktsar, whereby on revision petition filed by respondent Sukhwinder Singh Dhillon, the summoning order dated 9.11.2004, passed by Sub Divisional Judicial Magistrate, Malout, was set aside qua him.

(2.) I have heard counsel for the petitioner and gone through the orders dated 9.11.2004 and 4.3.2006, passed by the courts below.

(3.) AFTER hearing counsel for the petitioner, I do not find any illegality in the impugned order. It is not the case of the petitioner that the respondent has acted dishonestly or has taken illegal gratification while sanctioning the mutation nor there is any allegation that he has prepared any false or fabricated document. He had sanctioned the mutation on the recommendation made by the Patwari and Kanungo under the provisions of the Punjab Land Revenue Act, while discharging a quasi judicial function. Therefore, before taking cognizance, prior sanction under Section 197 Cr.P.C. from the competent authority to prosecute the petitioner was necessary. As such, I am not inclined to interfere in the impugned order.