Punjab-Haryana High Court
Rajesh Kumar vs Balwan Singh And Another on 9 July, 2008
Author: Rajesh Bindal
Bench: Rajesh Bindal
Criminal Revision No.1170 of 2008. -1-
In the High Court of Punjab & Haryana at Chandigarh.
Criminal Revision No.1170 of 2008 (O&M).
Date of decision : 9.7.2008.
Rajesh Kumar ..... Petitioner.
vs.
Balwan Singh and another ..... Respondents.
Coram: Hon'ble Mr. Justice Rajesh Bindal. Present: Mr.Surinder Singh Duhan, Advocate, for the petitioner. Rajesh Bindal J.
Challenge in the present petition is to the order dated 15.5.2008 passed by the learned Additional Sessions Judge, Jind, whereby in a revision filed by the complainant, charge under Section 307 IPC was also ordered to be framed in addition to the other sections under which the charges were framed.
Learned counsel for the petitioner submitted that from a plain reading of the allegations no offence under Section 307 IPC is made out and accordingly no charge could be framed thereunder. He further submitted that the learned court below exceeded its jurisdiction in setting aside the order passed dated 25.2.2008 by the learned Judicial Magistrate 1st Class, Jind.
After hearing learned counsel for the petitioner I do not find any merit in the petition. Vide order dated 25.2.2008, charges under Sections 427, 452 and 506 IPC were framed against the petitioner. The complainant, aggrieved against the said order, filed revision before the learned Additional Sessions Judge, Jind, raising grievance that charge under Section 307 IPC was also required to be framed. Finding some merit in the contention of the learned counsel for the complainant, learned Additional Sessions Judge vide the impugned order dated 15.5.2008 set aside the order passed by the learned Judicial Magistrate 1st Class, Jind and remitted the case back to the learned trial court for passing fresh order regarding charge in accordance with law.
Keeping in view the fact that the case has been remitted only Criminal Revision No.1170 of 2008. -2- for fresh consideration on the point of charge to the learned trial court, I find no merit in this petition, accordingly the same is dismissed.
9.7.2008 (Rajesh Bindal) vs. Judge