NIRMAL SINGH, J. - (1.) THIS is a petition under section 401 read with section 482 Cr.P.C. for quashing the order dated 16.2.2002 passed by the Additional Sessions Judge, Hoshiarpur, exercising the revisional powers and setting aside the order dated 12.12.2001 passed by the Addl. Chief Judicial Magistrate, Hoshiarpur.
(2.) THE case against the petitioner was registered on the statement of the complainant Narinderjit Kaur that her father Daula Singh had been murdered by Chanchal Singh, his sons Charanjit Singh, Manga Singh in conspiracy with Shokeen Singh son of Baldev Singh, Lashkar Singh son of Nama Ram, Piara Singh son of Raja Ram and Harbhajan Singh. During the investigation, accused Chanchal Singh, Shokeen Singh, Lashkar Singh and Piara Singh were found innocent and were not challaned by the police. The S.H.O., P.S. Sadar Hoshiarpur moved an application for the discharge of accused Shokeen Singh. On the said application, the learned Additional Chief Judicial Magistrate passed the following order on 12.12.2001 : "Request for discharging the accused has been filed. It is mentioned that the accused has been found innocent in the enquiry conducted by DSP(R) and finally, it is prayed that the accused may be discharged from this case. Challan has to be presented in the court. Order with regard to discharge of the accused can only be passed when final report under section 173 Cr.P.C. is submitted by the prosecution. Because, the police has not requested for judicial remand of the accused, so there is no justification for remanding the accused into judicial custody. Accordingly, the accused is ordered to be released from custody." On Commitment, the case was entrusted to Additional Sessions Judge, Hoshiarpur who set aside the order releasing the petitioner by passing the following order :- "It has been laid down in long series of cases, by the Hon'ble High Court of Punjab and Haryana as well as the Hon'ble Supreme Court of India that magistrate has got no power to discharge the accused in case exclusively triable by the court of sessions. Therefore, in exercise of powers conferred on this court by Section 397(1) as well as 390 of Cr.P.C. the discharge order as well as the commitment order is set aside and the case is remanded to the learned magistrate with the direction to commit the case to the court of Sessions in accordance with law. Accused be produced before the court of magistrate who committed the case on 20.2.2002."
(3.) IN pursuance of the order passed by the learned Additional Sessions Judge, the Judicial Magistrate Ist Class summoned the petitioner through warrants of arrest. Aggrieved by the order of the learned Additional Sessions Judge and the Judicial Magistrate Ist Class, issuing the warrants of arrest, the present petition has been filed.;