(1.) THE controversy is very simple in character. The prosecution filed a plea under Section 319 Cr.P.C. for the summoning of respondent No. 2 Gurdev Kaur to face a trial under Section 420/120-B IPC. In support of the request, the prosecution relied upon the averments made in course of the complaint, First Information Report and also the substantive testimony made by the complainant before the Trial Court on 20.10.2006. The plea came to be allowed by the learned Trial Court vide impugned order dated 30.1.2007.
(2.) HOWEVER , that order was invalidated by the learned Additional Sessions Judge (Fast Track Court), vide order dated 20.9.2007. In recording that finding the learned Revisional Court placed reliance upon the fact that respondent No. 2 Gurdev Kaur had been found innocent by the Investigating Agency. In that context, learned Revisional Court recorded the following observations :
(3.) I have heard Mr. Vikas Mahsempuri, learned counsel for the petitioner for the petitioner, Ms. Manjari Nehru, Deputy Advocate General, Punjab and Mr. I.S. Pabla, learned counsel for respondent No. 2.