IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. 29980-M of 2006 Date of decision: 1st October, 2010 Karnail Singh and others … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. P.S.Kang, Advocate with Ms. Amandeep Kaur, Advocate for the petitioners. Ms. Sudeepti Sharma, DAG Punjab, for respondent No.1. None for respondents No.2 and 3. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. seeking quashing of complaint (Annexure P-5) along with the summoning order (Annexure P-6) and all the subsequent proceedings. In para 12 of the petition, it has been averred as under: “12. That after that on 10.12.2003, 9.1.04, 24.2.04, 4.5.2004, 4.6.2004, the case was adjourned as no witness was present. Then again on 11.10.2004, 14.12.2004, 25.2.2005, 11.4.05, 3.6.2005, 20.7.2005, 23.7.2005, 1.8.2005, without recording any preliminary evidence, the case was adjourned for consideration. Then on 6.8.2005 on request the case was adjourned to 20.8.2005, on which date the learned trial Court without examining the complainant and the witnesses passed the summoning order annexure P-6, and summoned the petitioners and others u/s 201/204/466/468/471/474/477/120-B IPC.” Criminal Misc. No. 29980-M of 2006 Mr. P.S. Kang, Advocate appearing for the petitioners, has again stated at bar that the petitioners have been summoned without recording any preliminary evidence. Learned counsel has stated that once, the trial Court had come to a conclusion that the provisions of Section 156(3) Cr.P.C. are not to be invoked, then the petitioners could not be summoned without recording preliminary evidence. Nobody is present on behalf of the private respondents to controvert the assertion made by Mr. Kang. This Court is also not in a position to determine the validity of the summoning order (Annexure P-6), as preliminary evidence is always an aid to arrive at just conclusion. In view of this, the summoning order (Annexure P-6) is hereby quashed and the trial Court is directed to record the preliminary evidence of the complainant and thereafter, formulate an opinion as to whether the accused are required to be summoned or not. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE October 1, 2010 rps 2