Criminal Misc. No.M-22951 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-22951 of 2008 Date of decision : 27.11.2008 Ranbir Singh and another .....Petitioners Versus State of Haryana and another ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.Deepak Gupta, Advocate for the petitioners Mr. S.S.Mor, Senior Deputy Advocate General, Haryana. Mr. Surinder Singh, Advocate for respondent no.2. S. D. ANAND, J. It is common ground that initially an FIR No. 178 dated 4.7.2006 under Sections 420, 467, 468, 471, 120-B IPC (Annexure P-4) in respect of this very occurrence came to be lodged at Police Station, Ambala Cantt. That case could not be persued for want of jurisdiction. Thereafter, an FIR No. 248 dated 25.7.2006 under Sections 420, 464, 465, 468, 470, 471, 473, 474 120-B, 506 IPC (Annexure P-3) came to be lodged in respect of that very occurrence at Police Station Sadar, Thanesar, District Kurukshetra. That FIR, on investigation by the police, has been sent up for cancellation. Learned Magistrate did not accede to the request of the police for cancellation and, in terms of a protest petition filed by the complainant against the cancellation and report, ordered the summoning of the petitioners accused, vide order dated 17.11.2007 (Annexure P-2) which is reproduced as under:- Criminal Misc. No.M-22951 of 2008 -2- **** “Let accused no.1 and 2 be summoned to face trial for the commission of offence under Section 420/467/468/471/506 IPC for 28.3.2008. There is however no ground to proceed against accused no.3. Merely because the forged document purportedly carried his signature.” It would be evident from a perusal thereof that the impugned order does not, at all, make a reference to the above indicated facts which ought to have gone into consideration before the impugned order could come about. An order on point of summoning of an accused affects the personal liberty of an individual and an order of that category granted by a Judicial Court must notice the basis of summoning of an accused. In the light of the fore-going discussion, the impugned order is set aside. The learned Trial Magistrate shall, however, be at liberty to pass an order afresh in the matter after noticing the premise thereof. Disposed of accordingly. November 27, 2008 (S. D. ANAND) Pka JUDGE