Criminal Misc. No.M-5335 of 2011 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Criminal Misc. No.M-5335 of 2011 Date of Decision: February 28, 2011 Yogesh Kumar ….petitioner Versus Begraj and another ….respondents CORAM: HON’BLE MS. JUSTICE RITU BAHRI Present: Mr. J.P. Sharma, Advocate for the petitioner. **** RITU BAHRI, J.(ORAL) This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of impugned order dated 13.01.2011 (Annexure P-2) passed by learned Addl. Sessions Judge, Narnaul, vide which the revisional authority had set aside the order of trial Court and direction has been given to make further enquiry as envisaged under Section 202 of the Code of Criminal Procedure. Mr. J.P. Sharma, Advocate counsel for the petitioner has argued that the revisional authority has set aside the order dated 03.12.2008 (Annexure P-1) passed by the learned Additional Chief Judicial Magistrate, whereby accused had been summoned to face trial under Sections 420/465/467/120-B IPC without jurisdiction. Once the accused have been summoned to face trial and they had afforded all the opportunities to lead evidence in support of their case, the complainant/petitioner was not bound to place on record the hand-writing expert’s report which favoured the accused before the trial Court. As per Section 398 of the Code of Criminal Procedure -1- Criminal Misc. No.M-5335 of 2011 a direction could not be given by the revisional authority to conduct further investigation. After going through the record of the case, I am of the considered view that the order passed by the revisional authority does not suffer from any illegality or infirmity. Once the complainant has brought to the notice of the court that there were two reports of hand-writing experts contradicting each other. In the civil suit it was the duty of the trial court to get a further investigation under Section 202 of the Code of Criminal Procedure before summoning the accused to face trial. Dismissed. 28.02.2011 (RITU BAHRI) vcgarg JUDGE -2- Criminal Misc. No.M-5335 of 2011 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Criminal Misc. No.M-5335 of 2011 Date of Decision: Yogesh Kumar ….petitioner Versus Begraj and another ….respondents CORAM: HON’BLE MS. JUSTICE RITU BAHRI Present: Mr. J.P. Sharma, Advocate for the petitioner. **** RITU BAHRI, J.(ORAL) Reserved. .2011 (RITU BAHRI) vcgarg JUDGE -3-