M.L.Koul, J.

1. The petitioner Vishal Jyani @ Chintu who was involved for the commission of crime under Sections 326/324/323/34 of the Indian Penal Code in FIR No. 23 registered with the Police Station City Fazilka, has come up for quashing of the order passed by the learned Sub Divisional Judicial Magistrate, Fazilka dated 19.12.1995, whereby the present petitioner along with his co-accused Pawan Kumar have been summoned by the Magistrate to face the trial with the other accused against whom a report under Section 173 of the Code of Criminal Procedure, has been filed in the trial Court and the names of the petitioner and his companion Pawan Kumar have been given in column II of the report filed by the police under the said provisions of the Criminal Procedure Code.

2. It is contended by the learned counsel for the petitioner that the trial Magistrate could summon the petitioner if during the trial of the case some evidence was recorded about his involvement in the commission of the crime. He could not summon the accused-petitioner, when the other accused in the case have not yet been charge-sheeted.

3. According to him an embargo is laid down under Section 319 of the Code