MEWA SINGH AND ANR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure ("Cr.P.C" for short) for quashing of order dated 3.4.2010 (Annexure P-5) passed by the Additional Sessions Judge, Ludhiana, whereby the petitioners were summoned as an additional accused to face trial in case FIR No. 185 dated 31.7.2007 , Sessions Case No. 19 dated 17.12.2007 RBT 13 of 7.8.2009 titled as State v. Gurpreet Singh son of Mewa Singh for offences under Section 304B/34 of the Indian Penal Code.

(2.) Learned Counsel for the petitioners has submitted that the trial Court has erred in summoning the petitioners to face the trial as additional accused. There was no new material available before the trial Court to summon the petitioners as additional accused. The petitioners had been found innocent during investigation. In support of his arguments, learned Counsel has placed reliance on Lal Suraj @ Suraj Singh and Anr. v. State of Jharkhand, 2009 1 RCR(Cri) 504, wherein it was held that a person cannot be summoned to face trial only on the basis of strong suspicion.

(3.) Learned Counsel has further placed reliance on Sarabjit Singh and Anr. v. State of Punjab and Anr., 2009 3 RCR(Cri) 388, wherein it was held that a person should be summoned to face trial under Section 319 Cr.P.C. only when the Court finds that evidence on record is such which would reasonably lead to conviction of person sought to be summoned.