Crl. Misc. No.M-29100 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-29100 of 2010 (O&M). Decided on: October 01, 2010. Paramjit Kumar Vig and others .. Petitioners VERSUS Radha Rani .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Yogesh Goel, Advocate, for the petitioners. M.M.S. BEDI, J (ORAL). Petitioners are residents of Delhi. They have been summoned by issuance of summoning order dated 31.10.2009, under Sections 406, 498-A & 506 IPC, in a private complaint. It appears that the summoning order has been passed by the learned Magistrate without completing the formality of enquiry/investigation as required under Section 202 Cr.P.C., held to be compulsory as per the judgment in S.K.Bhaumik Vs. S.K.Arora, 2007(4) RCR (Crl.) 650, followed in Prem Kaur Vs. Balwinder . . . 1 Crl. Misc. No.M-29100 of 2010 (O&M) Kaur 2009, RCR, Page 74. The petition is allowed in limine with a direction that the trial Court will hold a formal enquiry as required under the mandatory provisions of Section 202 Cr.P.C., considering the factum that the petitioners who have been arrayed as accused are residents of Delhi and re-form the opinion to summon the petitioners as accused. The earlier order dated 17.09.2009, passed by the trial Court is set aside qua the petitioners on the above said legal and technical ground. It will be open to the trial Court to pass any order or the same order after reconsideration of the matter in the light of judgment in case S.K.Bhaumik (supra). A copy of order be communicated to the trial Court before 16.10.2010, the date fixed in the case. (M.M.S.BEDI) JUDGE October 01, 2010. rka . . . 2