JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The present petition, under Section 397, read with Section 401 of the Code of Criminal Procedure has been maintained by the petitioner against the order dated 04.08.2018, passed by learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P., in case No. 133/2 of 2018/17, whereby learned Chief Judicial Magistrate finds it just to forward the petition of the petitioner to the Court of learned Sessions Judge at the time of committal and issued summons against accused Jagbhushan Kapil, mentioned in column No. 1.

2. The petitioner in person has argued that the learned Magistrate below vide impugned order has committed the trial to the learned Sessions Judge and has not exercised his jurisdiction to summon respondents No. 2 to 4. He has further argued that the learned Magistrate has failed to exercise his jurisdiction in the facts and circumstances of the case to order for further investigation which was necessary to meet the ends of justice. In support of his arguments "that learned Magistrate was required to exercise his jurisdiction", the petitioner has referred the law laid down by Hon'ble Supreme Court in Dharam Pal vs. State o