AVTAR SINGH Vs. JAI KAUR

JUDGEMENT

(1.) THE only grievance of the petitioner is that the summons issued for his appearance in the Court were not accompanied by a copy of the complaint or list of witnesses and as such the proceedings initiated on the basis of the complaint were bad in law. Mr. Doad learned counsel for the petitioner has in this connection referred to a Single Bench decision in Madan Lal Bhasin v. G.S. Dhaliwal and others, 1979 CLR 244. This judgment does not support the petitioner's case but this stand of the counsel for the petitioner has been controverted by the counsel for the respondent who has cited a Division Bench and a Single Bench of this Court in Prabh Dyal v. R. Mudgil, 1966 PLR 363 and decision of this Court in Som Devi and others v. Veena Kumari, 1992(3) RecentCR 423 respectively wherein it has been held that a mere failure to attach a copy of the complaint with the summoning order does not by itself completely invalidate or nullify the issue of the process as the defect can be cured by supplying the same on or before the appearance of the accused in court. Before reaching this conclusion the Division Bench relied upon the provisions of Section 537 of the old Code of Criminal Procedure corresponding to section 465 of the new Code which specifically provides that the order of the court will not be set aside of account of irregularity in the complaint, summons warrant etc. which may have occurred before or during trial. Assuming for a moment that the allegations of the petitioners are correct and the summons were not accompanied by the copy of the complaint and list of witnesses that would entitle them to receive the same when they would appear in court as it was a mere irregularity and not an illegality and, therefore, curable. In the light of the observations of the Division Bench the judgment cited by the learned counsel for the petitioner does not lay down the correct law. This petition is disposed of with the observations made above. Parties through their counsel are directed to appear before the trial Court on 12.12.1994. Learned Counsel for the respondent undertakes to supply a copy of the complaint and list of witnesses to the counsel for the petitioner in court. Order accordingly.