KULDIP SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) In a case under Sec. 409, 420, 465, 468, 471 of the Indian Penal Code, registered at Police Station Jagraon, a charge had been framed by the learned trial Magistrate on 14.3.1990 against the petitioner.

(2.) An application was moved by the prosecutor for summoning the petitioner Shri Kuldip Singh, S.I., as an accused, under Sec. 319 of the Code of Criminal Procedure. The learned Magistrate without recording any evidence vide order dated 14.3.1990 ordered that Kuldip Singh, Sub Inspector, be summoned by warrant of arrest. Shri Kuldip Singh has come for quashment of the said order before this Court.

(3.) Learned Counsel for the petitioner has argued that Sec. 319 of the Code of Criminal Procedure does not permit summoning of an accused without the Magistrate having recorded any evidence after the charge was framed. In support of his case, learned counsel for the petitioner has relied upon Ranjit Singh Vs. State of Punjab, 1998(4) RCR (Criminal) 552 : [1999(3) All India Criminal Law Reporter 156 (SC) ], Hukamaram and others Vs. State of Rajasthan, 1982 Crl. L.J. 2341 , Sohan Lal Vs. State of Rajasthan, 1999(1) RCR (Criminal) 518: [1999(4) All India Criminal Law Reporter 352(Raj.) ], and Dharam Pal Vs. Hardial Singh, 1999(2) RCR (Criminal) 165: [1999(2) All India Criminal Law Reporter 150 (Pb. & Hry.)] .