- (1.) THE only ground for assailing the order dated 4th November, 2003 is that the learned court below has got no power to issue summons against the petitioner as against him neither cognizance of the offence was taken nor his name appeared in the chargesheet.
(2.) BY the impugned order, learned Chief Judicial Magistrate has issued summons to the petitioner to appear before the court below to take trial for the offences under Sections 147, 148, 149, 323, 324, 342, 307 and 379 of the Indian Penal Code. On going through the impugned order, it is clear that the learned court below has taken into consideration the materials collected in the case diary in which sufficient materials were found against the petitioner, constituting the alleged offences (Para -24 of the case diary). Even the Investigating Officer had clearly mentioned that there were material in the body of the case diary for submission of the charge sheet against the petitioner for the said offences, but in the prescribed column of the final form petitioners name was missing. Learned court below in course of the trial of the other accused found the said fact and on the basis thereof issued the summons to the petitioner by the impugned order. The grievance of the petitioner is that he cannot be summoned in the case, as charge sheet has not been submitted against him and cognizance of the aforesaid offences was not taken against him.
(3.) LEARNED A.P.P. opposed the petition. It has been submitted that Section 319 of the Criminal Procedure Code gives power to the Court to summon any person to take trial, if any sufficient material is found against him, constituting a penal offence either in course of enquiry or trial.;