RAM CHANDER SARKAR AND ANOTHER Vs. BHUPINDER SINGH

JUDGEMENT

(1.) Respondent-Bhupinder Singh Khalsa filed complaint against M/s B. Lal Beeri Factory Pvt. Ltd. Calcutta (now Kolkata); Dhullian Trading Co., Salempur Market, Delhi; Sunder Dass, Janvadh Lal, Raikot, Ludhiana; Ramesh Kumar @ Bholla, Mittal Traders, New Grain Market, Sangrur and Shri Gayatri Pictograph, Sivakasi, Madras (now Chennai) for offences punishable under Sections 295-A and 298 of Indian Penal Code.

(2.) Learned Magistrate, Sangrur found no reason to summon Sunder Dass and Ramesh Kumar @ Bholla arrayed as accused no. 3 and 4 in complaint and ordered summoning of remaining accused for offences punishable under Sections 295-A and 298 IPC. After recording pre-charge evidence, aforesaid accused were ordered to be discharged with the observation that no prior permission has been taken by complainant for prosecuting the accused for the offence punishable under Section 295-A IPC and the offence punishable under Section 298 IPC is not made out against them.

(3.) Against order of learned Magistrate, respondent filed revision before Court of Sessions and learned Additional Sessions Judge, Sangrur vide order dated 17.05.2003 set aside order of learned Magistrate to the extent that he discharged the summoned accused for the offence punishable under Section 298 IPC with the observation that offence under Section 298 IPC is made out against these accused and trial Court was directed to frame charge and proceed further in the matter in accordance with law.