Criminal Misc. No.4827-M of 2007 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Criminal Misc. No.4827-M of 2007 Date of Decision:10.01.2008 Mandeep Singh .....Petitioner Vs. State of Punjab .....Respondent CORAM:- HON'BLE MR. JUSTICE RAJESH BINDAL Present:- Mr. Kuldip Sanwal, Advocate for the petitioner. Mr. Anter Singh Brar, DAG, Punjab for the respondent. **** RAJESH BINDAL, J. Learned counsel for the petitioner submits that the petitioner is being summoned as an accused in FIR No.115 dated 1.10.2000 under Sections 326, 324, 323, 148 and 149 IPC at Police Station Kalanaur, Distt. Gurdaspur. However, a perusal of order dated 13.7.2006 passed by the Chief Judicial Magistrate, Gurdaspur under Section 319 Cr.P.C does not show that the petitioner has been summoned as an accused. Vide this order, Manjit Singh son of Joginder Singh, as mentioned in Column No.2 of the report under Section 173 Cr.P.C, was ordered to be summoned and not the petitioner. Learned counsel for the petitioner on 24.4.2007 also made a statement before this Court that he had already been declared Proclaimed Offender in the present case. There is no document on record to substantiate this plea. However, learned counsel appearing for the State disputes not only the fact that the petitioner has been summoned under Section 319 Cr.P.C and also that he has been declared as a Proclaimed Offender. In view of the above noted disputed position, once the petitioner is neither summoned nor declared Proclaimed Offender in the FIR in question, the present petition is dismissed as infructuous. If there is any error in the issue of summons to the petitioner by Criminal Misc. No.4827-M of 2007 -2- the Court below, the same be brought to the notice of the learned Sessions Judge, Gurdaspur, who will look into the matter as to why the summons have been issued to the petitioner once he has not been summoned in the order passed under Section 319 Cr.P.C. The petition is disposed of accordingly. January 10, 2008 ( RAJESH BINDAL ) renu JUDGE