CRM No. M- 21847 of 2008 1 In the High Court of Punjab and Haryana at Chandigarh CRM No. M- 21847 of 2008 Decided on:- 04.03.2009 Afshan .....Petitioner Versus State of Punjab and another ..... Respondents Coram Hon'ble Mr. Justice K. C. Puri Present Mr. Mohd. Yusuf , Advocate for the petitioner. Mr. K. S. Pannu, A. A.G. Punjab. Mr. G. N. Malik, Advocate for respondent no.2. K. C. Puri,J (Oral) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of order dated 12.8.2008( Annexure P4 ), passed by learned Additional Sessions Judge, Sangrur vide which the revision petition against the order dated 24.7.2007( Annexure P3 ), passed by the learned Judicial Magistrate I Class, Malerkotla was dismissed on the ground that Revision petition against the order of summoning is not maintainable. Learned Revisional Court has relied upon the authority Adalat Prasad v. Roop Lal Jindal 2004(4) RCR (Crl.) page 1. The said authority has been misapplied to the facts of the present case. In that authority, it has been laid down that JMIC has no power to recall its own order. In that case, the complaint was dismissed in default and the same Court has recalled the order. In that context, it was held that JMIC has no power to recall its order. The order of summoning a person as an accused is not an inter locutory order as it amounts to put the person to trial. This Court in authority Mansa Ram v. Sita Devi 2002(2) RCR (Criminal) page 597 has held that revision lies against the order of summoning. In authority Rajendra Kumar Sitaram Pande v. Uttam 1999(1) RCR (Criminal) 800 equivalent to 1999 AIR(SC) 1028 Hon'ble Apex Court has held that summoning order is not purely inter locutory order and revision against the said order is maintainable. So, in these circumstances, order dated 12.8.2008 (Annexure CRM No. M- 21847 of 2008 2 P4 ) does not sustain the test of legal sentity and the same stands set aside. Revisional Court is directed to decide the revision petition on merits. Parties are directed to appear before the learned revisional Court on 2.4.2009. Disposed of. March 4, 2009 ( K. C. Puri ) mamta Judge