AMRIK SINGH Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure ("Cr.P.C" for short) challenging the order dated 6.7.2009 passed by the Judicial Magistrate, Ist Class, Talwandi Sabo, whereby the petitioner was summoned on the application filed by the State under Section 319 Cr.P.C. in case FIR No. 29 dated 4.4.2008 registered at Police Station Maur under Section 341/324/323/506/34 of the Indian Penal Code.

(2.) Learned Counsel for the petitioner has submitted that the petitioner was found innocent during investigation. Learned Counsel has further submitted that there was no material available before the trial Court to have summoned the petitioner to face the trial as an accused under Section 319 Cr.P.C. In support of his arguments, learned Counsel has placed reliance on Hukam Chand and Anr. v. State of Haryana and Anr., 2007 3 RCR(Cri) 141, wherein it was held that only the statement of the complainant, who only reiterated the allegations made in the complaint, qua an accused, who was placed in column No. 2 at the time of presentation of challan, was not sufficient to summon the said accused under Section 319 Cr.P.C.

(3.) Learned Counsel for the petitioner has further placed reliance on Tajwant Kaur @ Tejwinder Kaur and Anr. v. State of Punjab through SSP, Fatehgarh Sahib, 2004 2 RCR(Cri) 264, wherein it was held that a person could not be summoned as an additional accused on vague allegations.