Criminal Misc. No.M-48185 of 2007 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-48185 of 2007 Date of decision : 30.11.2009 Malkiat Singh ....Petitioner Versus Amrik Singh ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. M.K.Singla, Advocate for the petitioner Mr. Narender Lucky, Advocate for the respondent. S. D. ANAND, J. In terms of the presentation made before this Court, it is apparent that the fact of an earlier complaint having been found to be false and also the fact of police having launched a prosecution under Section 186 IPC against the respondent-complainant, were not indicated in the course of the present complaint. Learned Trial Magistrate had, thus, no occasion to take those into consideration while considering the issuance or otherwise of a process to the petitioner-accused to face a trial. The petition shall stand allowed. The impugned order shall stand set aside. The learned Trial Magistrate would be entitled to pass an order afresh in view of the present conceded position that an earlier complaint filed by respondent-complainant had been, on investigation, found to be false and the police have launched a prosecution under Section 182 IPC against the respondent-complainant. The mere mention of these facts would not be taken to be an expression of opinion about the Criminal Misc. No.M-48185 of 2007 -2- **** possible effect thereof upon the impugned consideration. The learned Trial Magistrate shall consider the matter afresh, completely unfazed by any observations made in the course of this order by this Court. The respondent-complainant, through his counsel, is directed to appear before the learned Trial Court on 10.12.2009. Disposed of accordingly. November 30, 2009 (S. D. ANAND) Pka JUDGE