SOM NATH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SECTION 326 of the Code of Criminal Procedure reads:-

(2.) THE petitioner seeks quashing of the order dated 16.11.1994 passed by the learned Chief Judicial Magistrate, Kurukshetra and the proceedings pending before him.

(3.) AFTER hearing the arguments, the learned Chief Judicial Magistrate, Kurukshetra found that evidence had been recorded by his predecessor and that he cannot take into account the said evidence because summary procedure was being followed. The Court further recorded that from the documents on the record he is of the view that sentence of more than one year is likely to be passed and consequently directed it to be tried as a warrant case.