Criminal Revision No.362 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.362 of 2009 Date of decision : 6.11.2009 Madan Bhardwaj ....Petitioner Versus State of Punjab and another ....Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Yogesh Goyal, Advocate for the petitioner. Mr.B.B.S.Teji, Assistant Advocate General, Punjab Mr. S.S.Salar, Advocate for respondent no.2. S. D. ANAND, J. A prosecution under Sections 323,324, 148, 149IPC in case FR No.109 dated 10.4.2001 registered at Police Station Division No.5, Ludhiana, was launched against the respondent-accused. In the course thereof, the petitioner-complainant filed an application for framing of a charge under Section 307 IPC. That plea of the complainant was declined by the learned Trial Magistrate. In revision, however, the learned Additional Sessions Judge, Ludhiana, reversed the order and directed the learned Trial Court to frame a charge under Section 307 IPC against Ramesh Bhardwaj and also a charge under Section 307 read with Section 34 IPC against the other accused. It is common ground, at the time of arguments before this Court that the learned Additional Sessions Judge could not have validly directed the learned Trial Magistrate to frame a particular charge and all that the Revisional Court could have done was to direct the learned Trial Magistrate to consider the matter afresh in the light of the observations made by the former Court. This consensual presentation is fully in accord Criminal Revision No.362 of 2009 -2- **** with the Apex Court view in State of Maharashtra Vs. Salman Salim Khan and another 2004(1)RCR (Criminal) 314. In the light thereof, the petition shall stand allowed. The impugned order shall stand set aside. The learned Trial Magistrate shall proceed to consider the aspect of charge in the light of observations made by the learned Additional Sessions Judge. Disposed of accordingly. November 06, 2009 (S. D. ANAND) Pka JUDGE