The Court disposed of a writ petition challenging an order summoning the petitioner as an additional accused under Section 319 Cr.P.C. by granting liberty to file a revision before the Sessions Court.
Petitioner granted liberty to file revision before Sessions Court within 15 days with liberty to condone delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-21497 of 2013 Date of decision: 23.04.2014
Poonam Devi ........ Petitioner
Versus
State of Punjab ....... Respondent
CORAM: HON'BLE MR. JUSTICE R.P. NAGRATH
Present: Mr. Nirmal Singh, Advocate for Mr. S.S. Dinarpur, Advocate for the petitioner.
Ms. Anmol Grewal, AAG, Punjab.
Ms. Meena Bansal, Advocate for respondent No. 2.
R.P. NAGRATH, J. (Oral)
The challenge in the instant petition is to the order dated 04.05.2011 (Annexure P-3) passed by the learned Magistrate under Section 319 Cr.P.C., summoning the petitioner as an additional accused.
The aforesaid order passed by the learned Magistrate is revisable. Therefore, the instant petition is disposed of with a liberty to the petitioner to file revision against the impugned order dated 04.05.2011 (Annexure P-3) before the Sessions Court.
In case petitioner moves an application for condonation of delay alongwith such revision within a period of 15 days from today, the Revisional Court would condone the delay.
April 23, 2014 ( R.P. NAGRATH ) jk JUDGE
Jitender kumar 2014.04.23 17:32 I attest to the accuracy and integrity of this document Chandigarh
3 issues framed by the court
Whether a petition challenging an order of summoning an accused under Section 319 Cr.P.C. which is passed by a Magistrate in a criminal trial is maintainable before the High Court as a writ jurisdicti
Whether the High Court can dispose of such a challenge by granting liberty to file a revision to the Sessions Court?
What is the procedure for condoning delay when filing a revision against an order passed in a criminal trial?
1 provisions across 1 enactments
Poonam Devi
State of Punjab
R.P. NAGRATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
