J.B.GARG,J - (1.) IN a challan case arising out of F.I.R. No. 91 dated 19.10.1991 of Police Station City Gurdaspur for offences under Sections 326, 323, 324 and 34 of the Indian Penal Code, Ashwani Kumar was the principal accused and his father Prem Parkash has been mentioned as accused in column No. 2.
(2.) PREM Parkash, the present petitioner, has moved this Court that merely after recording the cross-examination of the complainant, he has been summoned as an accused. A perusal of the impugned order dated 18.12.1992 shows that the Judicial Magistrate, Gurdaspur has taken into consideration the medicolegal report as well which shows that the injuries were caused not only by as blunt weapon but by a sharp weapon as well. Thus, the Judicial Magistrate has taken into consideration the report under Section 173 of the Code of Criminal Procedure and the medical evidence as well.
(3.) IN view of the recent authority Kishun Singh v. State of Bihar, 1993(1) Recent Criminal Reports (SC) 647, the interference of this Court is not called for.;