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2021 Supreme(P&H) 1247

MANJARI NEHRU KAUL
Simarjeet Singh Bains – Appellant
Versus
State Of Punjab – Respondent


Advocates Appeared:
R.S. Rai, Advocate, Gautam Dutt, Advocate, Luvinder Sofat, Advocate, R.S. Cheema, Advocate, Anshika, Advocate

JUDGMENT

Manjari Nehru Kaul, J. - The petitioner is seeking quashing of the order dated 07.06.2021 (Annexure P5) passed by the Additional Sessions Judge, Ludhiana, (hereinafter referred to as 'ASJ, Ludhiana') whereby revision petition of the complainant/respondent No.2 against the order dated 24.12.2020 (Annexure P3), treating her application under Section 156(3) Cr.P.C. as a complaint was set aside and the case remanded back to the Magistrate/trial court for a fresh decision. In addition, a prayer has also been made to set aside the order dated 07.07.2021 (Annexure P6) passed by the Additional Chief Judicial Magistrate, Ludhiana, (hereinafter referred to as 'ACJM, Ludhiana') whereby the SHO of Police Station Division No.6, Ludhiana, was directed to register a criminal case and to investigate it on the grounds that the said order was illegal having been passed contrary to the settled tenets of criminal jurisprudence and without any application of judicial mind.

2. On being put to notice, the State of Punjab filed its status report by way of a short affidavit of Shri Randhir Singh, PPS, Assistant Commissioner of Police, Industrial Area-B, Ludhiana. Respondent No.2- complainant was rep

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