Criminal Misc. No.M-23160 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-23160 of 2008 Date of decision : 1.12.2008 **** Jagwinder Singh .....Petitioner Versus Satnam Singh ...Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. P.S.Ahluwalia, Advocate for the petitioner Mr. D.S.Mann Advocate for the respondent. S. D. ANAND, J. The impugned order reads as under:- “Perusal of complaint and testimony of witnesses reveal that there are sufficient grounds to summon all the accused under section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 323 of IPC. Let they be summoned for 17.02.2008 on filing PF and copies of complaint.” The respondent/complainant had filed a complaint against the petitioner-accused for his trial under Section 323, 506 IPC and Section 3 (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. There is otherwise no dispute that preliminary evidence did Criminal Misc. No.M-23160 of 2008 -2- **** come to be adduced. However, it is apparent from a perusal of the impugned order (Annexure P-2) that the nature of preliminary evidence adduced by the respondent/complainant is not noticed in the course thereof. An order of indicated category, which jeopardises liberty of an individual has to be granted on the basis of noticed preliminary evidence. In the light of the above discussion, the impugned order shall stand set aside. Learned Magistrate shall, however, at liberty to pass an order afresh which ought to be self-contained and speaking in character. The petition shall stand disposed of accordingly. December 01, 2008 (S. D. ANAND) Pka JUDGE