In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 53389 of 2007 Date of Decision:15-01-2009 Shiv Shambhu Sharma ---Petitioner versus Raj Kumar ---Respondent Coram: HON'BLE MS. JUSTICE SABINA Present: Mr. J.S.Bedi,Advocate, for the petitioner Mr. A.P.S.Deol, Senior Advocate, with Mr. Dinesh Trehan, Advocate for the respondent. SABINA, J.(Oral) This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing the orders Annexure P-2 to P-4. During the course of arguments, learned counsel for the petitioner has submitted that he restricts his prayer for quashing of order dated 23.11.2007 passed by learned Additional Sessions Judge, Sirsa (Annexure P-2) and order passed by the learned Judicial Magistrate Ist Class, Sirsa dated 30.11.2007 (Annexure P-4) in pursuance of order Annexure P-2. Learned counsel for the petitioner has submitted that learned Additional Sessions Judge, Sirsa, vide the impugned order has issued directions which could not be legally issued by him. Accordingly, the matter is required to be remanded back to the learned Additional Sessions Judge, Sirsa, for decision afresh in accordance with law. Crl. Misc. No. M- 53389 of 2007 -2- Learned Additional Sessions Judge, Sirsa Vide order dated 23.11.2007 ( Annexure P-2), in para 9 of the judgment, has issued the following directions:- “The operation of the impugned order was stayed by this court, therefore, the FIR has not been registered so far, thus, I hereby accept the revision petition, set aside the impugned order and direct the Illaqa Magistrate to call back the complaint from the SHO concerned without registration of the case. Further direct the Magistrate to ask the complainant to file fresh complaint only against accused Shiv Shambhu because as per his statement dated 17.3.2007 he is not willing to proceed against the remaining two accused named in the complaint. I further direct the Illaqa Magistrate to pass an order in accordance with the provisions of Section 156(3) Cr.P.C. on the fresh complaint so that the police may take the legal action in the matter. Copy of this order be sent to the learned Illaqa Magistrate for 30.11.2007.” A perusal of the same reveals that such directions could not have been issued by the learned Additional Sessions Judge, Sirsa. Learned counsel for respondent No. 1 has also conceded that the directions issued by the learned Additional Sessions Judge, Sirsa, were liable to be set aside being not happily worded. Crl. Misc. No. M- 53389 of 2007 -3- Accordingly, the judgment rendered by learned Additional Sessions Judge, Sirsa on 23.11.2007 (Annexure P-2), is set aside. Consequently, the order passed by learned Judicial Magistrate Ist Class, Sirsa on 30.11.2007 (Annexure P-4 ),is also set aside as it was passed in pursuance of order Annexure P-2. The case is remanded back to the learned Additional Sessions Judge, Sirsa for decision afresh in accordance with law after hearing the parties. Parties are directed to appear before Additional Sessions Judge, Sirsa on 27.1.2009. Petition stands disposed of. (SABINA) JUDGE January 15, 2009 PARAMJIT