NEELAM SURI Vs. STATE

JUDGEMENT

(1.) Crl. M.A. No. 13765/07

(2.) This petition has been preferred against the order 9th January. 2007 whereby the petitioner was summoned by the Trial Court despite the fact that the police in its charge sheet had placed the petitioner in Column No. 2 stating that sufficient evidence was not there to proceed against the petitioner. The Trial Court while taking cognizance of offence summoned the petitioner as an accused without giving any reason as to what was the evidence against the petitioner available on record. It is settled law that in case a person has been placed in Column No. 2 on the ground of insufficiency of evidence by the police and in case the Trial Court summons the person, it should analyze the evidence placed on record and give reason for summoning the accused. I consider that the order of the Trial Court which is bereft of any reason is liable to be set aside and is hereby set aside.