IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.2015 of 2007 Date of Decision: December 16, 2008 Gurmel Kaur & Another .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. M.S. Rakkar, Senior Advocate, with Mr. P.S. Baath, Advocate, for the petitioners. Mr. Aman Deep Singh Rai, Assistant Advocate General, Punjab, assisted by Mr. Rajesh Gupta, Advocate, for the complainant. . . . AJAI LAMBA, J (Oral) Challenge in this petition is to order dated 18.8.2007 (Annexure P-2) whereby it was directed that charges be framed. Annexure P-1 is the charge-sheet which is also under challenge. Following is the order passed as a consequence of which charges have been framed:- “Heard. From report u/s 173 Cr.P.C. and the documents attached with it there are sufficient grounds to presume that the accused have committed offence punishable u/s 8 & 9 of the prevention of corruption Act. Let the accused be charged accordingly.” Clearly, the material collected during investigation has not been considered to indicate prima facie commission of offence by the petitioner. Crl. Rev. No. M-2015 of 2007 [2] Learned counsel for the parties contend that the matter be referred back to the Judge, Special Court, Ludhiana, so that the entire material can be considered and a speaking order be passed. In view of the above, the matter is remitted back to the Judge, Special Court, Ludhiana who shall consider the material collected during investigation and thereafter, pass an order in accordance with law after giving reasons. Accordingly, the petition is allowed. Annexures P-1 and P-2 are hereby set aside. The parties are required to appear before the Special Court, Ludhiana on 24.12.2008. (AJAI LAMBA) December 16, 2008 JUDGE avin