Criminal Misc. No. M-16120 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-16120 of 2011 Date of Decision: 30.5.2011 Channa Singh alias Gurcharan Singh and Another …Petitioners Versus The State of Punjab and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sant Pal Singh Sidhu, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. praying that the complaint dated 16.7.2007 (Annexure P1) and the summoning order dated 8.10.2010 (Annexure P3) be quashed. During the course of arguments, learned counsel for the petitioners has submitted that there was no medical evidence before the Summoning Court to hold that the petitioners could be tried for the offence under Sections 302 and 364 IPC. Learned counsel has further submitted that even if the petitioners are put to trial from the kind of evidence led by the complainant, they will be acquitted, therefore, on this ground, this Court should quash the summoning order dated 8.10.2010 (Annexure P3) as the petitioners will be unnecessarily sent behind the bars. Learned counsel has further submitted that the Summoning Court cannot decide the bail application as the offences for Criminal Misc. No. M-16120 of 2011 2 which the petitioners have been summoned fall under Sections 302 and 364 IPC. This Court, while evaluating the summoning order has to consider as to whether for summoning the petitioners, if there was some evidence or not and what will be the ultimate result is not a consideration to quash the summoning order (Annexure P3). So far as the contention of learned counsel for the petitioners is concerned that the Summoning Court cannot grant bail to the petitioners, the same has already been rejected by this Court in view of the judgment rendered in Ramji v. State of Punjab 2001(1) Recent Criminal Reports 538 holding that the Magistrate Ist Class, summoning the accused for the offence which is punishable under Section 302 IPC, is entitled to grant bail. At this stage, learned counsel for the petitioners submits that he will rely upon the judgment rendered in Ramji's case (supra) before the trial Court and therefore, he be permitted to withdraw the present petition with a liberty to raise all the arguments, available to him, before the trial Court at an appropriate stage. As prayed, the present petition is dismissed as withdrawn with the liberty aforesaid. (Kanwaljit Singh Ahluwalia) Judge May 30, 2011 “DK”