JAGAN NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision petition has been filed to challenge the order of the learned Judicial Magistrate Ist Class Gurgaon dated September 7, 1995. The impugned order was passed in case entitled State v. Pappu @ Mukesh and others, which had been registered on the basis of FIR No. 86/94 under Sections 323, 324, 235, 34 IPC at Police Station F. Nagar. The occurrence had taken place on September 2, 1994, in which Ram Chander complainant had been allegedly belaboured by Pappu, Bhimu and Nahar Singh and also by Jagan and Mehar. After investigation the police sent up only Pappu, Bhimu and Nahar Singh for trial while Jagan and Mehar were placed in column 2. This had led to the complainant making an application under Section 190 Cr.P.C. for summoning Jagan and Mehra, which was dismissed by the learned Magistrate on April 22, 1995 observing that Jagan and Nahar could be summoned under Section 319, Cr.P.C. after some evidence came on record against them. Consequently, Ram Chander's statement was partly recorded on August 2, 1995, wherein he had specifically stated that injuries by a kasia was inflicted by Jagan and injuries with a lathi were inflicted by Mehar. The learned Magistrate exercising the power under Section 319, Cr.P.C. summoned Jagan and Mehar.

(2.) LEARNED counsel for the petitioners submits that the statement of Ram Chander was not evidence in as much as he had not been subjected to cross- examination by the accused, who were present before the learned Magistrate. Since there was no evidence because no cross-examination had been conducted, the petitioners could not have been summoned.

(3.) ON behalf of the complainant learned counsel relies on the decision of this Court on Chanan v. State of Punjab, 1999(1) Recent Criminal Reports 371, wherein it is held that if a person is summoned under Section 319, Cr.P.C. on the basis of the examination-in-chief of a witness, the order is a valid order and calls for no interference.