S.S.SANDHAWALIA, J.

1. Whether the Court of Session without itself recording evidence, can summon a person to stand trial as an accused (along with others committed to it by a Magistrate) on the basis of documents in the final report of the Investigating Officer under Section 173 of the Code of Criminal Procedure is the spinal question in this set of four cases refer-red for decision by the Division Bench. Equally at issue is some discordance of Single Bench views within this Court in Amar Singh V/s. State of Punjab (Cri. M. No.4220 of 1977 decided on the 18th of November, 1977) and Randhir Singh V/s. Kala Singh, (1979) 81 Punj LR 286 on the one hand and Balwinder Singh V/s. State of Punjab, (1981) 83 Punj LR 685 on the other.

2. As is apparent the issue afore-said is pristinely legal and the facts would, consequently pale into relative insignificance. Therefore a skeletal background thereat from Criminal Mis-cellaneous No.3837 of 1982 (1981?) Lal Chand V/s. State of Haryana would amply suffice. The incident took place on the 27th of August, 1980 at about 8.30 A.M. in the office of the Truck Union, Sonepat. Cross-cases were registered against the parties by the police on th