SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been filed by Sukhdev Singh alias Bikka and Dhallu Singh for quashing the summoning order dated 6.3.1991 passed by Additional Chief Judicial Magistrate, Bathinda.

(2.) BRIEF facts of the case are that FIR No. 23 dated 15.3.1990 under Sections 323/324/325/34 Indian Penal Code was registered at Police Station Nathana on the statement of Mukhtiar Singh of village Lehra Bega against Banta Singh, Gurcharan Singh, Angrez Singh, Jagga Singh and the present petitioners. All the accused except the petitioners were challanged. However, the petitioners were shown in column No. 2 of the Calender submitted under Section 173 Cr.P.C. The complainant moved an application for summoning the petitioners as accused persons as their names figured in the F.I.R. and specific injuries were attributed to him. The trial Court accepted the application and summoned the petitioners to face trial along with other co -accused.

(3.) THE learned counsel for the petitioners has contended that persons shown in Column No. 2 of the challan cannot be summoned by the trial Court without recording evidence and the Court is to record a finding that a prima facie case is made out against the persons so ordered to be summoned. In the instant case, no evidence has admittedly been recorded and the petitioners have been summoned primarily. On the basis of their names being mentioned in the F.I.R. Learned State Counsel on the other hand has contended that the trial Court has the power to summon the petitioners without recording evidence on perusal of his challan papers including the F.I.R.