IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-2775 of 2009 Date of decision: 23rd March, 2009 Jasbir Singh and others … Petitioners Versus Pal Singh … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. D.S. Pheruman, Advocate for the petitioners. Mr. Sarabjit Singh, Advocate for respondent. KANWALJIT SINGH AHLUWALIA, J. Present petition has been filed under Section 482 Cr.P.C. praying that order dated 3rd May, 2008 (Annexure P-3) passed by the Court of Sub Divisional Judicial Magistrate, Baba Bakala, be set aside. Sub Divisional Judicial Magistrate, Baba Bakala, vide order dated 3rd May, 2008 had permitted Pal Singh son of Gurdial Singh, injured in the occurrence, to pursue the complaint preferred by his uncle Chanan Singh. Chanan Singh had died during the pendency of the complaint. Counsel for the petitioners has submitted that only legal representative could be permitted to pursue the complaint and nephew was not entitled to become legal representative. Learned Sub Divisional Judicial Magistrate, Baba Bakala had held that since Pal Singh nephew himself was injured, therefore, he, in his own right, may pursue the complaint. Criminal Misc. No. M-2775 of 2009 This Court need not ponder over the controversy raised, as the complaint had been filed for offence under Section 326 IPC. Section 326 IPC is punishable upto life. The case is to be tried as a warrant case. Once the cognizance has been taken, the trial is to be conducted by the public prosecutor. After the amendment of the Code of Criminal Procedure, 1973, it was held that Court takes cognizance of the offence and not of the offender. Once the Court has summoned the accused and had taken the cognizance, no argument can be raised that Pal Singh could not be made legal representative. Even though, he was injured, trial of the case is to be conducted by the public prosecutor. Counsel for the petitioners has placed reliance upon Section 256 IPC. Section 256 IPC is only qua cases, which are to be tried in a summary manner qua summons cases. Therefore, I have no hesitation to concur with the view adopted by the trial Judge that Pal Singh, being injured, in his own right, will be entitled to pursue the complaint. Once public prosecutor is master of the trial, counsel for the injured can assist him. With these observations, present petition is disposed off. [KANWALJIT SINGH AHLUWALIA] JUDGE March 23, 2009 sd/rps 2