ABHIMANYU RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) INDER Singh son of Hira Singh has moved the present petition under section 482 of the Code of Criminal Procedure challenging a summoning order dated 7 -8 -1992 passed by Judicial Magistrate 1st Class, Phagwara.

(2.) BRIEFLY , the facts as stated by Inder Singh, arc that on the complaint of Amarjit Singh a case under sections 323/342/506/379/295 -N148/149/382 of the Indian Penal Code was registered at police Station Phagwara vide FIR No. 110 on 810 -1988. In this case Surjit Ram and five others were accused and as regards Inder Singh the 7th person in further investigation which was held by a Deputy Superintendent of Police it was concluded that Inder Singh though named in the F.I.R. was un -concerned and innocent. However, after presentation of the challan when the statement of Amarjit Singh was in the midst he also deposed regarding the presence of Inder Singh armed with Dang and immediately the Judicial Magistrate I Class, Phagwara passed the summoning order dated 7 -8 -1992 and also framed a charge on 4 -9 -1992.

(3.) THE conclusion is that the present petition succeeds and the impugned orders dated 7 -8 -1992 (Annexure P -3) and 4 -9 -1992 (Annexure P4) are hereby quashed. Petition allowed. 1. 1983 (1) CLR 653.