LAWS(HPH)-2011-9-121

RAJINDER YADAV Vs. MEENAKSHI SHARMA AND ANR.

Decided On September 02, 2011
Rajinder Yadav Appellant
V/S
Meenakshi Sharma And Anr. Respondents

JUDGEMENT

(1.) THIS revision has been directed against the judgment dated 2.3.2010 passed by Learned Additional Sessions Judge (I), Kangra at Dharamshala in Criminal Revision No. 14 -K/2008.

(2.) THE facts in brief are that the Learned Judicial Magistrate 1st Class (II), Kangra on 26.2.2008 issued process against the Petitioner under Sections 354, 342, 506 IPC. This order was assailed by the Petitioner by way of revision. The Learned Additional Sessions Judge (I), Kangra at Dharamshala vide judgment dated 2.3.2010 has held that revision is not maintainable.

(3.) IN these circumstances, the judgment dated 2.3.2010 passed by Learned Additional Sessions Judge is not sustainable and the same is set -aside. The case is remitted to Learned Additional Sessions Judge for afresh decision. The parties through their Counsel are directed to appear before the Learned Additional Sessions Judge (I), Kangra at Dharamshala on 28.9.2011. The record of the case be sent back immediately so as to reach before the date fixed. The Learned Additional Sessions Judge shall decide the case expeditiously and preferably within three months from the date of receipt of this order. The petition stands disposed of.