- (1.) Challenge in the present petition is to the order dated 02.06.2014 (Annexure P-2), passed by learned Sub Divisional Judicial Magistrate, Abohar, whereby the petitioners were summoned to face trial for the offences punishable under Sections 148, 323, 324, 326 and 450 read with Section 149, IPC.
(2.) Learned counsel for the parties are in unison that the petitioners as well as respondent No. 2 had lodged the report(s) to the police with regard to the occurrence which had taken place on 28.02.2009 at 8:00 a.m. They are further in unison that the police did not find anything in favour of both the complaints lodged with the police by both the private parties and, as such, the cancellation report(s) were presented before learned Area Judicial Magistrate. They further conceded that while passing the impugned order, the learned Summoning Court has failed to consider the said cancellation report(s) presented by the police and, as such, there was non-compliance of Section 202, Cr.P.C. They are further in unison that in view of the above fact, the case can be remitted to learned Summoning Court for passing the order afresh after taking into consideration the cancellation report(s) presented by the police. I have heard learned counsel for the parties and with their able assistance, gone through the material available on record.
(3.) In the matters of Madhu Rani v. Prem Kumar & Ors., 2015 3 RCR(Cri) 889 and Kuldip Raj Mahajan v. Hukam Chand, 2008 1 RCR(Cri) 370 this Court has held that at the time of passing of the summoning order, it was incumbent for the Magistrate to consider the report under Section 202, Cr.P.C., with regard to the same incident tendered by the police.;