SANT SINGH Vs. GURMAIL SINGH

JUDGEMENT

(1.) GURMAIL Singh, respondent filed a complaint against the petitioner under Section 323, 324 and 326, Indian Penal Code. After examine the complainant as PW 1, PW 2 Shinder Singh, PW 3 Zora Singh and PW 4 Dr. A. S. Dhir, in support of the allegations, the trial court dismissed the complaint. The complainant filed a revision before the session court and that court, vide order Annexure P 3 dated 27th September, 1985, set aside the order of the trial magistrate, and gave a finding that offences under the said sections were prima facie made out against the accused. The trial court was directed to summon the accused accordingly. This order of the revisional court was challenged before this Court which set side the order on the ground that the present petitioner was not heard, and the case was remanded to that court on that ground fore re hearing of the matter on merits. The revisional court again passed an order dated October 5, 1987, and found Mat there were sufficient grounds to proceed against Sant Singh and his son Balwinder Singh for offences under Section 323, 324, 326/34, Indian Penal Code. It directed the magistrate to proceed with the trial of the case in accordance with law. It is this order of the revisional court which is under challenge here on the ground that the dismissal of the complaint by the trial court was proper and the session court could not go into the facts found against the complainant by the trial Court.

(2.) THE complainant was summoned and was served but is not present either personally or through counsel. The counsel for the petitioner has argued that in a revision, findings of fact cannot be set aside, and therefore, the order of dismissal passed by the trial court could not be set aside in revision.

(3.) I therefore, do not find any merit in this petition which is hereby dismissed.