1. This petition has been filed by one Vijay Kumar petitioner, through jail, with a prayer that this Court may in exercise of its inherent powers quash the order of summoning of the petitioner and the order of his commitment for being tried by the Sessions Court under Sections 302/34/120-B of the Indian Penal Code. The petitioner moved a similar application to the learned Sessions Judge, Gurgaon, but the same was rejected on 12th of February, 1981.

2. The sole contention put forward on behalf of the petitioner is that before the Committing Court the complainant had given a list of 15 witnesses to be examined in the case, but the Committing Court committed the case to the Sessions Court, after recording evidence of six witnesses only. It is urged that in view of proviso to Section 202(2) of Code of Criminal Procedure, the Committing Court was bound to call upon the complainant to produce all his witnesses and examine them on oath before sending the case up to the Court of Session. The learned counsel for the petitioner has cited Rajpal Sood V/s. Ravinder Nath Vohra, (1977) 79 Pun LR 674, a case which was referred to a Division Bench for decision whether it is incumbent upon