KARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER seeks quashing of the order dated 15.5.1996 passed by Judicial Magistrate I Class vide which the petitioner has been summoned as an accused.

(2.) IT is the case of the petitioner that though he was one of the persons named in the first information report, but on subsequent enquiry by the Superintendent of Police, he was found to be innocent. Precisely for this reason he was shown in column No. 2. Since the petitioner was found to be innocent the Magistrate could not order for summoning of the petitioner without recording of any evidence and as in the instant case no evidence has been led, the order is per se illegal and so deserves to be quashed under Section 482 Cr.P.C. Reliance has been placed upon the decisions in Lala Ram and Ors. v. The State of Haryana, 1984 C.C. Cases 434 and D.K. Razdan v. The State, 1987 C.C. Cases 173.

(3.) HAVING heard the learned counsel for the petitioner for a while and on perusal of the relevant provision contained in Section 319 Cr.P.C. as well as the Division Bench judgment of this Court in Lal Chand and Anr. v. State of Haryana, 1983 C.C. Cases 415 : [1983 All India Criminal Law Reporter 182 (Pb. and Hry.)] and the Full Bench judgment in Sk. Latfur Rahman and Ors. v. The State 1985 Crl. L.J. 1238, I am of the view that the petition is wholly misconceived and so deserves to be dismissed.