DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . Notice to the State. On the asking of the Court Shri Brar, DAG, Punjab accepts the notice. Shri Darshan Singh has filed the present petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India praying that the order dated 26.10.1994 be quashed as the Magistrate had acted without jurisdiction in summoning the present petitioner under Section 319 Cr.P.C.

(2.) THE summary of the facts is that case F.I.R. No. 29 dated 13.3.1994 under Sections 326/324/323/34 IPC police station Payal was registered against Jagtar Singh, Karnail Singh, Paramjit Singh, Baldev Singh, Teja Singh and present petitioner-Darshan Singh. After the completion of the investigation four accused namely Jagtar Singh, Karnail Singh, Paramjit Singh and Baldev Singh were challaned while Darshan Singh and Teja Singh were shown in column No. 2. The learned Magistrate took the cognizance of the matter and vide order dated 5.8.1994 framed respective charges under various heads against Jagtar Singh, Karnail Singh, Paramjit Singh and Baldev Singh and the case was adjourned for prosecution evidence. On 17.10.1994, the Assistant Public Prosecutor submitted an application under Section 319 Cr.P.C. before the learned Judicial Magistrate, 1st Class, Ludhiana with a prayer that S/Shri Teja Singh and Darshan Singh be summoned as accused. Vide impugned order dated 26.10.1994 the learned Magistrate passed the order summoning Darshan Singh and Teja Singh for the offence under Sections 326/324/323 read with Section 34 IPC. The reasons given by the learned Magistrate are contained as follows :-

(3.) THE submission raised by the learned counsel for the petitioner is that once the Magistrate has taken cognizance of the matter, she could not summon the petitioner and Teja Singh under Section 319 Cr.P.C. till she records the statements of the prosecution witnesses. She was at liberty to call the persons shown in column No. 2 as accused on filing of the report under Section 173 Cr.P.C. but at this stage she never thought proper to summon either Teja Singh or Darshan Singh or both and in this manner the impugned order dated 26.10.1994 is nothing but an abuse of the process of law and such order can be quashed in the proceeding under Section 482 Cr.P.C.