Criminal Misc. No.M- 18316 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M- 18316 of 2008 Date of decision : 3.9.2008 Kuldeep Singh and others .....Petitioners Versus State of Haryana and another ..Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.D.S.Sekhon, Advocate for the petitioners Mr.S.S.Mor. Senior Deputy Advocate General, Haryana for the respondents. S. D. ANAND, J. Respondent No.2/complainant filed a (private) complaint against the petitioners-accused for offences under Sections 323,325,452,504, 34 IPC. On perusal of the preliminary evidence, learned Trial Magistrate ordered the summoning of the petitioners-accused to stand trial for the offences aforesaid. The petitioners-accused filed a revision petition, which was dismissed by the learned Additional Sessions Judge on point of maintainability. Reliance, in support of the view, was placed by the learned Court upon Adalat Parshad Vs. Roop Lal Jindal, 2004 (4) RCR (Criminal) 1 and Subramanium Sethuraman Vs. State of Maharashtra and another 2004(4) RCR (Criminal) 349. The petitioners-accused are in revision against the impugned order of learned Additional Sessions Judge, Panipat. The view taken by the learned Additional Sessions Judge, Criminal Misc. No.M- 18316 of 2008 -2- **** Panipat is not sustainable in the light of the law laid down by the Apex Court in Rajendra Kumar Sitaram Pande Vs. Uttam 1999(1) R.C.R. (Criminal) 800. In that case, it was categorically held that an order passed by a Magistrate directing the issuance of a process is not purely an interlocutory order, that it is an intermediate or quasi judicial order and a revision petition against the order of that category is maintainable. In the light of the foregoing discussion, the petition shall stand allowed. The impugned order dated 10.5.2008 passed by learned Additional Sessions Judge, Panipat shall stand set aside. The parties, through their learned counsel, are directed to appear before the learned Additional Sessions Judge, Panipat, for disposal afresh of revision petition filed by the petitioners to challenge the impugned order dated 24.1.2007 passed by learned Judicial Magistrate Ist Class, Panipat in Criminal complaint No. 87/1 of 2006 titled Rajinder Vs. Balwan etc. September 03, 2008 (S. D. ANAND) Pka JUDGE