NATHA SINGH AND OTHERS Vs. BALWANT SINGH

JUDGEMENT

(1.) Natha Singh and others filed the present revision and it has been directed against the order dated 19.1.1999 passed by Addl. Sessions Judge, Jagadhri, who set aside the order dated 14.3.1997 passed by learned Magistrate and remanded the case to the Magistrate to consider the same on merits as the petitioners are not entitled to the benefit of the observations made by the Supreme Court in Common Cause a Registered Society through its Director v. Union of India,1996 3 RCR 3 as clarified by the Hon'ble Supreme Court in 1997 Cr.L.R. (SC) 132.

(2.) The brief facts of the case can be noticed in the following manner :-

(3.) The contention of the learned counsel for the petitioners is that the criminal complaint was pending before the learned Magistrate since 1988 but till 1997, but no charge was framed against the petitioners, and in view of the observations made by the Supreme Court on 1.5.1996 they were entitled to be discharged and the complaint was supposed to be dismissed. On the contrary, the contention of the learned counsel for the respondent is that the petitioners are not entitled to the benefit in this case because of the clarification given by the Hon'ble Supreme Court on 28.11.1996 and in view of the fact that the trial against the petitioner had never started within the meaning and import of Section 246 Cr.PC. The learned counsel for the petitioners invites my attention to direction 2(f) of the judgment of the Hon'ble Supreme Court dated 1.5.1996 which lays down as under :