Criminal Misc. No.M-19062 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-19062 of 2008 Date of decision: 16.12.2009. Harbans Kaur ....Petitioner Versus Darshan Lal ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Ashok Bhardwaj, Advocate for the petitioner Mr. N.D.Achint, Advocate for respondent S. D. ANAND, J. On a private complaint filed by the petitioner, the learned Trial Magistrate had ordered the summoning of respondent-accused to face a trial for the offences under Sections 279,338 and 506 IPC. In revision, however, the finding was reversed by the then Additional Sessions Judge, Jind by observing that the impugned order could not be sustained because it had been granted by the Judicial Magistrate IInd Class who was not competent to try an offence under Section 506 IPC which was triable by the Judicial Magistrate Ist Class. The other finding recorded was that the complaint was time barred to the extent it related to the offences under Sections 279 and 338 IPC and the offence under Section 506 IPC appears to have been added just in order to extend the period of limitation because a complaint in that section can be filed within a larger period of limitation. In the course of the presentation before this Court, learned counsel for the parties agree that the learned Additional Sessions Judge could not have ordered the dismissal of the complaint in view of its own Criminal Misc. No.M-19062 of 2008 -2- **** finding the order under revision had been granted by a Court not competent to try it. The petition shall stand allowed accordingly. The complaint, through his counsel, is directed to appear before the learned Chief Judicial Magistrate, Jind on 7.1.2010, who shall peruse the evidence already available on record and proceed to grant an order in accordance with law. Disposed of accordingly. December 16, 2009 (S. D. ANAND) Pka JUDGE