R.L.Anand, J.

1. Heard. Notice to the State. On the asking of the Court Shri Brar, DAG, Punjab accepts the notice.

Shri Darshan Singh has filed the present petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India praying that the order dated 26.10.1994 be quashed as the Magistrate had acted without jurisdiction in summoning the present petitioner under Section 319 Cr.P.C.

2. The summary of the facts is that case F.I.R. No. 29 dated 13.3.1994 under Sections 326/324/323/34 IPC police station Payal was registered against Jagtar Singh, Karnail Singh, Paramjit Singh, Baldev Singh, Teja Singh and present petitioner-Darshan Singh. After the completion of the investigation four accused namely Jagtar Singh, Karnail Singh, Paramjit Singh and Baldev Singh were challaned while Darshan Singh and Teja Singh were shown in column No. 2. The learned Magistrate took the cognizance of the matter and vide order dated 5.8.1994 framed respective charges under various heads against Jagtar Singh, Karnail Singh, Paramjit Singh and Baldev Singh and the case was adjourned for prosecution evidence. On 17.10.1994, the Assistant Public Prosecutor submitted an application und