Rameshwar Singh Malik J. - (1.) The instant petition is directed against the impugned judgment dated 17.5.2012 (Annexure P-3), passed by the learned Sessions Judge, Amritsar, whereby the order dated 27.10.2009 passed by the learned Additional Chief Judicial Magistrate, Amritsar, discharging the petitioners, was set aside, remanding the matter back to the learned trial court.
(2.) Learned counsel for the petitioners raised the solitary argument to the effect that the learned Sessions Judge had exceeded his jurisdiction while directing the learned Additional Chief Judicial Magistrate to frame the charge against the accused and then to proceed further, in accordance with law. He further submits that it is the exclusive domain of the learned trial court to frame the charge. Learned counsel for the petitioner submits that the learned Sessions Judge was fully justified in remanding the matter back but the direction issued to the learned trial Magistrate for framing the charge against the accused, is wholly unwarranted. Learned counsel for the petitioner also submits that the petitioners would be satisfied in case only this much modification is ordered in the impugned judgment, qua the direction to the trial Magistrate to frame charge.
(3.) The short but important question of law that falls for consideration of this Court is whether the higher courts and the learned Sessions Judge in the present case, would be justified in law while issuing direction to the trial court to frame charge, giving its final decision instead of leaving it to the trial court to frame or alter charge on the reconsideration of relevant material produced before it.;