MUKHTIAR SINGH Vs. SURJIT KAUR

JUDGEMENT

(1.) HEARD Mr. Kuldip Sanwal, learned counsel for the petitioners and Mr. T.P.S. Mann, learned counsel representing the respondent.

(2.) MR . Kuldip Sanwal at the very outset confined this petition to the legality of the impugned order of summoning passed by JMIC, Fazilka, District Ferozepur. Copy of the order has been placed on record as Annexure P-2 dated 17.9.1997. The main contention of learned counsel for the petitioners is that the impugned order of summoning is not in accordance with law as laid down by the Hon'ble Supreme Court in the judgment in case of M/s Pepsi Foods Ltd. v. Special Judicial Magistrate, 1997(4) RCR (Criminal) 761. Elaborating his arguments he has referred to the impugned order and particularly para 3 thereof which reads as under :- "I have heard learned counsel for the complainant and have gone through the record of the file. After going through the record of the entire case I am of the considered opinion that there are sufficient grounds to proceed against the accused persons. Prima facie case punishable under Section 302 IPC read with Section 34 IPC has been made out and, therefore, the accused persons are ordered to be summoned for the aforesaid offences for 27.1.1998."

(3.) ABRASION 2.5 cm x 2.5 cm on the back of right wrist joint.