In the High Court of Punjab & Haryana at Chandigarh CRM No. M-18903 of 2011 (O&M) Gurtej Singh @ Kala ..... Petitioner vs State of Punjab ..... Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mrs. Baljit K. Mann, Advocate, for the petitioner. Mr. M. C. Berry, Additional Advocate General, Punjab. Rajesh Bindal J. Learned counsel for the petitioner submitted that the petitioner was not named in the FIR. His name did not appear in the statement under Section 161 Cr.P.C. However, during investigation his statement was recorded. He was not found to be guilty and hence, not challaned by the police. It is only on an application filed by the prosecution under Section 319 Cr.P.C. that the petitioner has been summoned along with others. The only material before the court for summoning the petitioner as an accused was the statement of the complainant, where he alleged that the petitioner along with Sukhwinder Singh had given kick and fist blows to the deceased Darshan Singh, who died on account of bullet injury attributed to Randhir Singh @ Dhira and on account of gandasi blow given by Sukhpal Singh. The version of Nirmal Singh in his statement before the court is belied from MLR where no injury of fist and kick blow was found. The facts stated by the learned counsel for the petitioner are not disputed by the learned State counsel. The investigation in the case has already been completed and challan presented. In the aforesaid factual matrix, I do not find that the petitioner is required to be taken in custody. The present petition is disposed of with a direction to the petitioner to appear before the Duty Magistrate, Patiala, within one week from today and furnish his bail bonds. 20.6.2011 (Rajesh Bindal) vs. Judge