PREM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PREM Singh and Netar Singh petitioners by means of this petition under Section 482 of the Code of Criminal Procedure seek quashing of the order dated 14-12-1992 (Annexure P-1) passed by the Additional Sessions Judge, Patiala, vide which the petitioner were summoned under the provisions of Section 319 of the Code.

(2.) IN the first information report, the petitioner were named alongwith their other associates for certain offences. The police, however, found both the present petitioners to be innocent and did not put up the challan against them. Charges were framed on 24th March, 1992 against Jarnail Singh and Surinder Singh who had been sent up for trial and the case was posted for evidence. Before any evidence was recorded the Additional Public Prosecutor moved an application that perusal of the FIR revealed that Prem Singh armed with kahi and Netar Singh armed with dangs had inflicted injuries to Amarjit Singh and Swaran Singh and these allegations were corroborated by the eye-witnesses and the medical evidence, and it was thus prayed that they be also summoned to stand trial. The learned Additional Sessions Judge, Patiala, allowed this application. The legality of this order is challenged by the petitioners in this petition.