AJAY SINGH Vs. KULDEEP SINGH

JUDGEMENT

(1.) By the medium of this petition, the petitioner has questioned the order dated 18.08.2015 passed by the court of learned Judicial Magistrate (1st Class) Bishnah (hereinafter referred to as the trial Court), by virtue of which the learned trial court has dismissed the complaint, titled, Ajay Singh vs. Kuldeep Singh and others. The present petition has been filed on the following grounds:

(2.) Mr. Sanveer Thakur, learned counsel for the petitioner has vehemently submitted that once the court had taken cognizance and issued the process against the respondents, it was not open for the trial court to review its own order. He has further submitted that the provisions of section 204 (1A) Cr.P.C are not mandatory and this is a curable defect.

(3.) Per contra, Mr. R. P. Sharma, learned counsel for the respondents argued that that the order impugned is valid as the complainant was under legal obligation to file the list of witnesses along with the complaint.