AMRIK SINGH Vs. SARWAN SINGH

JUDGEMENT

(1.) THIS petition has been filed under section 482 of the Code of Criminal. Procedure (hereinafter referred to as the Code) for setting aside the order dated May 4, 1994 (Annexure PA), passed by the Additional Sessions Judge, Ropar, whereby the order dated 29.8.1991 (Annexure P.3), passed by Judicial Magistrate, Ropar, dismissing the complaint of the respondent herein has been set aside and the trial Magistrate has been directed to proceed with the complaint in accordance with law.

(2.) THE facts necessary for the disposal of this petition are that on 9.6.1989, the respondent herein had filed a complaint against the petitioner for the offences punishable under sections 147/148/452/506/395, I.P.C. read with Section 149, I.P.C. After recording preliminary evidence, by order dated 17.2.1990, the Chief Judicial Magistrate, summoned the petitioners to face trial for the said offences. The petitioners appeared before the said Court and the trial continued as a warrant case. The case was fixed for 29.8.1991 for hearing before the Judicial Magistrate, Ropar. On that day all the petitioners were present, but the complainant (respondent herein) was absent. Consequently, the Judicial Magistrate dismissed the complaint for want of prosecution and discharged and accused i.e. the petitioners.

(3.) FEELING aggrieved, the respondent approached Sessions Court in Revision. The Additional Sessions Judge accepted the petition, set aside the order dated 29.8.1991, passed by the Judicial Magistrate and directed him to proceed with the complaint in accordance with law. Consequently, the petitioners (accused) have come to this Court under section 482 of the Code.