IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.421 of 1994 Criminal Revision No.422 of 1994 Criminal Revision No.423 of 1994 Criminal Revision No.424 of 1994 Date of decision: February 07, 2008 State of Haryana … Petitioner Versus S.L. Gupta and another … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Manmohan Sikka, Assistant Advocate General, Haryana for the State. Mr. Amit Jain, Advocate for respondents. KANWALJIT SINGH AHLUWALIA, J. (Oral) Assistant Director, Industrial Safety and Health had filed a complaint for violation of Section 6 of Factories Act read with Rule 3 and 4 of Punjab Factory Rules in the Court of Chief Judicial Magistrate, Hisar. On 20th December, 1993, since none had appeared for the complainant, complaint was dismissed under Section 256 Cr.P.C. and the accused were acquitted and it was ordered that file be consigned to record room. Aggrieved against the same, present revision petition has been filed by the State. Mr.Amit Jain has appeared for the respondents. Criminal Revision Nos.421, 422, 423 & 424 of 1994 2 The counsel for the State has stated that trial Court ought not to have dismissed the complaint as it has been filed by a Government official and earlier thereto complainant was represented by Assistant Public Prosecutor. Therefore this order has been passed only to favour the accused. Mr.Amit Jain appearing for the respondents has stated that dismissal of complaint under Section 256 amounted to acquittal. Therefore, the present revision petition is not maintainable. Counsels for the parties are in agreement that this revision can be decided by Sessions Court, Hisar as powers of the revision also vest in Sessions Court. Mr.Jain has further stated that if revision is decided by this Court, he will lose valuable right to approach this Court under Section 482 Cr.P.C. or under any other provision of law. Be as it may, there is a concurrent power of revision with the Sessions Court and the High Court. The High Court has been consistently insisting that the revision at first instance should be filed before the Sessions Court. Since the parties are in agreement without expressing any opinion, these revisions are remanded to the Court of Sessions Judge, Hisar to decide the same on merits after hearing the parties. The parties shall cause their appearance before the revisional Court on 19th March, 2008. Present revision petitions pertain to year 1994. Sessions Judge, Hissar is directed to decide revision petitions within one month after appearance of parties and receipt of case files. Since the facts are somewhat same and identical, all the four revisions are disposed off by this common order. [Kanwaljit Singh Ahluwalia] Judge February 07, 2008. rps