Yadvinder Singh Mann vs State of Union Territory

Mehinder Singh Sullar, J.—Tersely, the facts, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant petition and emanating from the record, are that a criminal case was registered against the petitioner and his other co-accused, by way of FIR No. 197 dated 4.10.2012 (Annexure P4), on accusation of having committed the offences punishable under sections 406, 408, 420 & 120-B IPC by the police of Police Station Industrial Area, Chandigarh. After the completion of investigation, the police submitted the final police report (challan). Consequently, the trial Court framed the charges against the petitioner and his other co-accused for the commission of offences punishable under sections 408, 420 & 120-B IPC, by virtue of order dated 3.12.2011 (Annexure P3) and separate charge sheet (Annexure P3/1).

Aggrieved thereby, the revision petition filed by the petitioner was dismissed for want of prosecution by the revisional Court, by means of impugned order dated 17.8.2012 (Annexure P1). Sequelly, the application filed by him for restoration of the revision petition was dismissed as well, by the revisional Court, vide impugned order dated 3.9.2012 (Annexure P2).

The petitioner-accused still did not feel satisfied and preferred the present petition to quash the impugned orders (Annexures P1 to P3/1), invoking the provisions of Section 482 Cr.PC.

After hearing the learned counsel for the parties, going through the record & relevant law with their valuable assistance and after deep consideration over the entire matter, to my mind, the instant petition deserves to be accepted in this context.

At the very outset, the learned counsel for the parties are ad idem that the impugned orders of revisional Court are liable to be set aside, in view of the ratio of law laid down by Hon''ble Apex Court in case Shyam Deo Pandey and others v. The State of Bihar AIR 1971 Supreme Court 1606; Delhi High Court in case Nisha Sharma and Others Vs. Vinod Kumar Sharma, & Orissa High Court in case Sanat Kumar Patnaik Vs. Binoy Kumar Nayak and Another, .

In this view of the matter, the present petition is hereby accepted. Consequently, the impugned orders (Annexures P1 & P2) of revisional Court are set aside. The revision petition is restored to its original number and the revisional Court is directed to decide it afresh on merits in accordance with law. The parties through their counsel are directed to appear before the revisional Court on 4.12.2012.