IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.18614 -M of 2010 (O&M) DATE OF DECISION : AUGUST 3, 2011 GURMAIL SINGH & ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. JS Dhaliwal, Advocate, for the petitioner(s). Mr. Manoj Bajaj, Addl.AG, Punjab. Mr. KG Chaudhary, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) 1 This petition has been filed under Section 482, Code of Criminal Procedure, praying for quashing of complaint No.108/1 dated 1.5.2009 under Sections 307, 324, 341, 506, 148, 149, Indian Penal Code, and Sections 25 and 27 of the Arms Act, 1959 (Annexure P-4), pending in the Court of Sub divisional Judicial Magistrate, Jagraon, District Ludhiana, and summoning order dated 9.2.2010 (Annexure P-5), along with consequent proceedings. 2 Learned counsel for respondent No.2 has pointed out that respondent No.2 had filed Criminal Revision No.138 dated 25.3.2010 before the court of Sessions against the order of summoning. The order of summoning has been set aside by Criminal Misc. No.18614 -M of 2010 (O&M) 2 Additional Sessions Judge, Ludhiana, vide order dated 10.1.2011, and the case has been remanded to the Magistrate for reconsideration on the issue of summoning under Section 307, Indian Penal Code. 3 Considering the fact that order dated 9.2.2010 (Annexure P-5), passed by the Magistrate, has been set aside by the revisional court and the case has been remanded to the Magistrate, it would be just and proper to refer the petitioners to re-agitate the matter before the Magistrate. 4 The petition is, accordingly, disposed of with liberty to the petitioners to re-agitate the issues raised in this petition before the Magistrate. This order is being passed in view of peculiar facts and circumstances of the case, because the summoning order has been set aside and the Magistrate is required to re-appreciate the entire evidence in the light of what has been said by the Additional Sessions Judge, Ludhiana, in order dated 10.1.2011. The Magistrate is directed to consider the plea of the petitioners at the time of re-adjudication. August 3, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?