PUSHPA LATA MITTAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Revision Petition has been filed against the order dated 14.2.2007 passed by the learned Addl. Sessions Judge, Barnala vide which the appeal filed by the appellant against the judgment of conviction was accepted and the case was remanded back to the trial Court by observing as under :-

(2.) THE learned counsel for the petitioner challenges the said order primarily on the ground that by way of remand the prosecution has been allowed to fill in lacuna, which cannot be allowed as this would cause severe prejudice to the petitioner who has faced the criminal prosecution since 10.3.1999.

(3.) MR . Ashok Singla, learned counsel appearing on behalf of the petitioner also contends that in the present case earlier application was made before the learned trial Court which was dismissed and no objections against the said decision were filed by the prosecution and, therefore, it was not open to the learned lower appellate Court to have granted relief to the prosecution. In support of this contention the learned counsel for the petitioner placed reliance on the judgment of the Hon'ble Supreme Court in the case of Machander v. The State of Hyderabad, AIR 1955 Supreme Court 972 to contend that the fact of non-compliance of Section 342 Cr.P.C. entitled the accused to acquittal. The Hon'ble Supreme Court in the said case on the facts of the said case was pleased to lay down as under :-