MOHINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE limited controversy that needs determination in the present criminal revision is as to whether a trial Judge, be it Magistrate or Sessions Judge can summon the accused shown in Column No. 2 without recording further evidence. Concededly, in the present case such persons have been summoned to stand their trial by the Judge seized of the matter without recording any further evidence in the matter.

(2.) MR . B.R. Gupta learned counsel representing the petitioners in support of the view that such a procedure is wholly inadmissible and some evidence has to be recorded before a person shown in column No. 2 is summoned relies upon single Bench decision of this Court in Mitlesh Kumar v. State of Haryana, 1988 Chandigarh Criminal Cases 551 : [1988(2) All India Criminal Law Reporter 1230 (Pb. and Hry.)]. The judgment no doubt supports the contention of the learned Counsel.

(3.) MR . Deol, learned counsel representing the respondents, however, relies upon a Division Bench judgment of this Court in Surat Singh v. State of Punjab, 1981 Chandigarh Law Reporter 547 holding to the contrary. While so holding a Division Bench of this court in Surat Singh's case (supra) clearly overruled a judgment of Single Judge of this Court in Surinder Kumar and others v. State of Punjab, 1977 Crl. L.R. 459. No doubt it is true that in Mitlesh Kumar's case (supra) the attention of the learned Judge was not drawn to the dictum laid down by this court in Surat Singh's case (supra), but the fact remains that the view expressed in the said judgment was overruled in Surat Singh's case (supra). That apart, the Judges in Surat Singh's case (supra) while holding that there is no need to record evidence before summoning the accused shown in column No. 2 relied upon a judgment of the Supreme Court in Hare Ram Satpati v. Tikka Ram Aggarwal, AIR 1978 S.C. 1568. The view expressed in Surat Singh's case was reiterated by another Division Bench of this Court in Lal Chand v. State of Haryana, 1983 Criminal Law Journal 1394 : [1983 All India Criminal Law Reporter 182 (Pb. and Hry.)] and in Full Bench judgment of Patna High Court in S.K. Fatru Rehman v. State, 1985 Crl. L.J. 1238.