The facts leading to the fling of this petition are that petitioners are facing trial for an offence under section 302/34, P.P.C. Initially the case was registered under section 307/148/149, P.P.C. Subsequently the offence was altered to section 302/148/149, P.P.C. During investigation the present petitioners were got discharged by the police. Thereafter the complainant filed a complaint against the petitioners and the same was entrusted to a Magistrate for inquiry. The learned Magistrate took cognizance of the matter/inquiry and sent the report to the trial Court who did not agree with the report and proceeded with the trial. Feeling aggrieved the complainant filed a revision in the High Court which was dismissed with the observation that during trial if some material came on the file which showed the involvement of the said petitioners he could issue process. Later on during the statement of one Ali Asghar P.W. The learned trial Court on 8-4-1991 issued processes to the petitioners.
It is contended by learned counsel for the petitioners that they were got discharged by the police but in complaint case they were issued processes, therefore, they could not be summoned by the learned trial Court.
2. I have heard the learned counsel at length and considered his submission. Since the whole case was submitted to the learned trial Court and during that period if some evidence came on the file implicating the petitioners he could validly issue processes to them as has been done in the instant case. I don't find any merit in the petition, which is accordingly dismissed.