IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No. 26754-M of 2009 DATE OF DECISION : FEBRUARY 1, 2010 AVTAR SINGH ....... PETITIONER(S) VERSUS STATE OF HARYANA & ANR. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Dr. AR Sidhu, Sr. Advocate, with Mr. RK Chugh, Advocate, for the petitioner(s). Mr. Tarun Aggarwal, Sr. DAG, Haryana. Mr. GC Shahpuri, Advocate, for respondent No.2. AJAI LAMBA, J. (Oral) This petition under Section 482, Code of Criminal Procedure, has been filed for quashing of order dated 29.7.2009 (Annexure P-1), passed by the Chief Judicial Magistrate, Sirsa. Vide order (Annexure P-1), charge has been ordered to be framed. Charge-sheet, placed on record along with Annexure P-1, has also been challenged. Learned counsel for the respondent-State has pointed out that the State of Haryana, through Public Prosecutor, Sirsa, has filed a revision petition under Section 397, Code of Criminal Procedure, for modifying order (Annexure P-1) and has made a prayer for framing of charges under Criminal Misc. No. 26754-M of 2009 2 Sections 467, 468, 471, Indian Penal Code. Having considered the issue, in the peculiar facts and circumstances of the case, I find that the order challenged in this petition is already under challenge before the court of Sessions in a revision petition filed by the respondent-State. The court of Sessions would be required to consider the legality of order (Annexure P-1). In such circumstances, I deem it appropriate to relegate the petitioner also to the same court. The petition is disposed of with liberty to the petitioner to approach the court of Sessions in challenge to order (Annexure P-1). February 1, 2010 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?