IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Revision No.2888 of 2009

Date of decision : 6.11.2009

Avtar Singh and others

....Petitioners

Versus

State of Punjab

....Respondents

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CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present: Mr. O.P.Kamboj, Advocate for the applicant.

S. D. ANAND, J.

Learned counsel for the petitioners states that the only

apprehension of the petitioners is that the learned Trial Court may not

proceed to hold a trial afresh in the light of the remand order and further

that the disposal of the trial may not get delayed.

The petitioners had been convicted by the learned Trial

Magistrate for the offences under Sections 420 read with Section 120-B

IPC. The learned Additional Sessions Judge ordered a remand of the

case for the proper recording of the statement of the petitioners under

Section 313 Cr.P.C. The learned Additional Sessions Judge had noticed

certain very relevant facts which formed the very foundational premise of

the charge and which had not been put to the petitioners in the course of

their statement under Section 313 Cr.P.C. The learned Additional

Sessions Judge did not order th