High CourtsSingle Bench(2011) 08 P&H CK 0011

Makhan Singh and Another vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 29 August 2011

HON’BLE JUDGES
Sabina, J
RESULT
Allowed
CASE NUMBER
Criminal M. No. M-16367 of 2004

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Judgment

5 paragraphs · 268 words

Sabina, J.—Petitioners have filed this petition u/s 482 of the Code of Criminal Procedure, 1973 (in short ''Cr.PC'') seeking quashing of the Orders dated 5.6.2002 alongwith charge sheet (Annexure P-5) and order dated 4.3.2004 (Annexure P-6).

2.

After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed.

3.

In the present case charge has been framed against the petitioners for an offence punishable u/s 406 of the Indian Penal Code (in short ''IPC'') in FIR No. 190 dated 1.10.1996 registered at Police Station Sangrur u/s 406/408 IPC vide order dated 5.6.2002.

4.

Aggrieved by the said order the petitioners filed a Revision Petition before the Court of Revision. The petitioners had raised two pleas that the Trial Court had over-looked the point of limitation and territorial jurisdiction at the time of framing of the charge. A perusal of the impugned order dated 4.3.2004 passed by Additional Sessions Judge, Sangrur reveals that although the plea of the petitioners qua point of limitation has been noticed but while deciding the petition the said plea of the petitioners has not been dealt with. In these circumstances, it would be just and expedient to remand the case back to the Court of Revision to decide the matter afresh by adjudicating all the points raised by the petitioners.

5.

Accordingly, this petition is allowed. The case is remanded back to the learned Additional Sessions Judge, Sangrur for deciding the same afresh in accordance with law. Learned Additional Sessions Judge while passing the order shall deal with all the points raised by the petitioners.