Criminal Misc. No.M-26760 of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-26760 of 2007 Date of decision : 26.9.2008 Joga alias Joginder Singh and others .....Petitioners Versus Ajit ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Gaurav Mohunta, Advocate for the petitioners Mr. Sunil Sheoran, Advocate for Mr.Jitender Dhanda, Advocate for the respondents. **** S. D. ANAND, J. The order dated 4.8.2007 stands complied with. It is apparent from the impugned order itself that it is cryptic and non-speaking in character. On point of fact, the order consists of four paras. First para is consumed by the allegations made by the respondent/complainant. Para no. 2 contains the identity of the witnesses who were examined in the preliminary evidence. In the course of para no. 3, learned Trial Magistrate noticed that he had earlier ordered the dismissal of complaint vide order dated 4.9.2006 but that the order afore-mentioned had been set aside by the Appellate Court, vide order dated 27.11.2006 and the matter had been remanded for passing appropriate orders. The concluding para of the impugned order reads as under:- “In view of the facts and circumstances of the case the Criminal Misc. No.M-26760 of 2007 -2- **** accused persons are hereby summoned to face trial under Sections 307/34 IPC on filing of PF/copy of complaint etc. within seven days.” There can be no escape from the conclusion that the learned Magistrate does not, at all, appear to have applied his mind to the facts and circumstances before the impugned order came to be granted by him. The petition shall stand allowed. The impugned order is set aside. The learned Magistrate shall, however, be at liberty to pass an order afresh on consideration of the preliminary evidence. It would be compulsive for the learned Magistrate to pass an order which is self- contained and speaking in character. The respondent/complainant, through his learned counsel, is directed to appear before the learned Trial Magistrate on 20.10.2008. September 26, 2008 (S. D. ANAND) Pka JUDGE