AVTAR SINGH Vs. KULDEEP SINGH AND ANOTHER

JUDGEMENT

(1.) Learned counsel for the petitioner submits that firstly, the impugned order passed by the learned revisional Court (Additional Sessions Judge, Ludhiana), has been passed in the absence of counsel for the petitioner, with an Amicus Curiae appointed by that Court. He submits that the petitioners' counsel never appeared on the previous date of hearing before that Court, i.e. 29.08.2017, on which date it was adjourned to 31.08.2017, when a learned counsel was asked to assist the Court as Amicus Curiae.

(2.) He further submits that respondent no. 1 herein, Kuldeep Singh, has also filed CRM-M-36591 of 2015 before this Court, along with another co-accused Ajaib Singh, also seeking the same relief as was sought by him in the revision petition before the learned Additional Sessions Judge, inasmuch as, what is sought in CRM-M-36591 of 2015 before this Court, is quashing of the criminal complaint itself, as also the summoning order dated 09.07.2014, with the said summoning order having been challenged by way of the aforesaid petition.

(3.) Consequently, he not having disclosed before the revisional Court that he has also filed the aforesaid criminal miscellaneous petition before this Court, the impugned order deserves to be set aside on this ground alone.