Jaswinder Saroay v. Manish Saroay

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6071-2025 Decided on : 10.11.2025 Jaswinder Saroay . . . Petitioner(s)

Versus

Manish Saroay . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Rishu Mahajan, Advocate, for the petitioner(s). **** SANJAY VASHISTH, J. (Oral) 1.

Present petition has been filed under Section 528 of BNSS, 2023, for quashing of complaint No. 340/2021, dated 08.11.2021 (Annexure P-3), under Section 420 of IPC along with Summoning Order dated 26.09.2024 (Annexure P-4), whereby, petitioner was summoned to face trial under Section 420 of IPC, passed by the Court of learned JMIC, Jalandhar. 2.

While exercising powers under Section 528 of the BNSS, 2023, this Court is required to examine the preliminary evidence, which, admittedly, has already been led by the respondent-complainant before the learned Magistrate. However, such an exercise is primarily within the domain of the Revisional Court, i.e., the Court of Sessions. The petitioner, admittedly, has not yet availed the said remedy.

3.

In view of the above, the present petition is disposed of with a direction that in case a revision petition is filed by the petitioner (summoned accused) before the learned Sessions/Revisional Court within a period of two weeks from today, the same shall be decided on its own merits, in accordance with law, within a period of three months thereafter. (SANJAY VASHISTH) JUDGE November 10, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2025.11.11 18:31 I attest to the accuracy and authenticity of this document