GIAN DAS ETC. Vs. DES RAJ DASS ETC.

JUDGEMENT

(1.) THE relevant facts given in this petition, under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) are as follows: - -

(2.) IT is contended by the learned counsel for the petitioners that the Magistrate dismissed the complaint of Des Raj Dass, respondent after recording preliminary evidence vide order dated November 21, 1974 and the learned Sessions Judge in revision remanded it for further enquiry. It is argued by him that the Additional Chief Judicial Magistrate, without holding any enquiry summoned the petitioners and Sewa Dass on the basis of the same evidence. According to the learned counsel, the order of the Additional Chief Judicial Magistrate is prima facie illegal and liable to be set aside. Mr. Puran Chand, learned counsel for the respondents has fairly concede that the learned Additional Chief Judicial Magistrate should have passed the order after holding further enquiry and that his order summoning the petitioners on the basis of the evidence recorded by the Magistrate prior to the dismissal of the complaint was illegal. He, however, argues that the case may be remanded to the Magistrate to decided the matter afresh after holding fresh enquiry as directed by the learned Sessions Judge vide order dated March 10, 1975. Mr. Pritpal Singh Sandhu learned counsel for the petitioners, has no objection if the case is remanded as argued by Mr. Puran Chand.