IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.2107 of 2010 (O & M) Date of Decision: August 23, 2011 Ram Kumar .....PETITIONER(S) VERSUS Dr. Arun Kumar Gupta .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Amar Dhir, Advocate, for the petitioner. Mr. Hemant Bassi, Advocate, for the respondent. . . . AJAI LAMBA, J (Oral) 1. This petition is directed against order dated 3.2.2010 passed by the Additional Sessions Judge (Fast Track Court), Hisar, whereby order dated 6.5.2008 passed by the Magistrate in criminal complaint case summoning the respondent and others, has been set aside. Even the complaint has been dismissed. 2. The short contention of learned counsel for the petitioner is that the complaint was filed by the petitioner against seven persons. While accused Nos.1 and 2 namely Suresh Kumar and Anil Kumar (in complaint) were summoned to stand trial for commission of offence under Sections 323, 324, 325, 452, 506 IPC, accused Nos.3 to 7 namely, Rambai, Bhup Singh Crl. Revision No.2107 of 2010 [2] Hawaldar, SI Kanwal Singh Jangra, Ram Kumar Inspector and Dr. Arun Gupta (respondent in this petition), were summoned to stand trial for commission of offence under Section 166/167 IPC read with Section 120-B IPC. 3. It has been pleaded that the complaint could not have been dismissed. Only the order of summoning against respondent, Dr. Arun Kumar Gupta could have been set aside. Revision was carried only by respondent, Dr. Arun Kumar Gupta. 4. It has been pleaded that while offence of causing hurt is different and allegations in that regard are only against accused Nos.1 and 2, as named above, commission of offence under Sections 166, 167 IPC has been attributed to accused Nos.3 to 7 who are Government servants. 5. Learned counsel for respondent, Dr. Arun Kumar Gupta, has not been able to justify quashing of the complaint by the Revisional Court viz. Additional Sessions Judge (Fast Track Court), Hisar, vide the impugned order. It has been conceded that only the summoning order re: Dr. Arun Kumar Gupta who filed the revision petition, could be set aside. 6. In view of the above, this petition is allowed to the extent that order of summoning as against Dr. Arun Kumar Gupta shall stand set aside. The complaint, however, survives and the Trial Court is at liberty to proceed with the trial. (AJAI LAMBA) August 23, 2011 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?