CRM No.M-24224 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-24224 of 2011 Date of decision : 10.8.2011 Harbans Singh ........Petitioner Vs. Munish Kumar and another ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.Munish Mittal, Advocate, for the petitioner --- AJAI LAMBA, J (Oral) The Revisional Court has set aside the order of summoning passed by Additional Chief Judicial Magistrate, Yamuna Nagar at Jagadhri. On going through the order passed by the Revisional Court viz. Sessions Judge, Yamuna Nagar at Jagadhri dated 26.5.2011, I find that regarding commission of theft by the accused, complainant as CW-2 stated that he came to know in Mukherji Park Area from the people that a boy named Munish (respondent- accused) alongwith some other persons was removing the cable. Khajan Singh-CW-1 has stated that people present there told that Mahender-father of accused Munish, had climbed on the line while Munish was removing the cable. The statement of CW-2-the complainant as also Khajan Singh as CW-1 are based on hearsay evidence. The persons who had seen the commission of offence have not been examined. In such circumstances, I am of the considered opinion that prima facie the complainant has not been able to establish commission of offence. The order passed by the Revisional CRM No.M-24224 of 2011 -2- Court is legally tenable and calls for no interference. Accordingly, this petition is dismissed. (AJAI LAMBA) JUDGE 10.8.2011 akm