RAKESH BATRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioners seeking quashment of the orders dated 13.7.1999 and 18.8.1999 passed by the Additional Sessions Judge, ordering the summoning of present petitioners as accused alongwith the co-accused and on account of their non- appearance in the Court, ordering the issuance of non-bailable warrants against them, respectively.

(2.) I have heard the learned counsel for the parties and have gone through the record carefully.

(3.) FROM the perusal of the above, it would be clear that the basis for summoning the petitioners, as accused, was the statement of PW-2 Smt. Rakhi. A perusal of the said statement, a copy of which has been produced before me, would show that after the examination-in-chief of Smt. Rakhi was recorded as PW-2, one of the co-accused namely Dr. Mrs. Vijay Kapoor was given an opportunity to cross-examine the said witness. When the cross-examination of the said witness on behalf of co-accused Dr. Mrs. Vijay Kapoor was in progress, the learned Public Prosecutor moved the application under Section 319 Cr.P.C. for summoning the present petitioners as accused and accordingly the further cross-examination of the said witness as deferred by the learned Additional Sessions Judge. Thereafter, relying on the statement of Smt. Rakhi, the learned Additional Sessions Judge ordered the summoning of the present petitioners as accused in this case vide order dated 13.7.1999.