SUBHASH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is a revision petition against the Order dated 16.02.2012 passed by the Judicial Magistrate Ist Class, Kaithal, vide which, the application under Section 319 of the Cr.P.C has been dismissed. While praying for setting aside the Order, learned counsel for the petitioner contended that a specific role has been attributed to the respondents and therefore, they should have been summoned under Section 319 of the Cr.P.C.

(2.) Heard.

(3.) Two persons sought to be summoned are Jagir Singh and Sanju. Jagir Singh is 90 years old man. He has three sons, namely, Mohan, Sohan and Sanjive. Mohan and Sanjive are already facing trial. The allegation in the complaint against the present respondents-Jagir Singh and Sanju is the same as in the statement of PW-2 Subhash-complainant. The said statement is a repetition of the allegation in the FIR. The respondents have already been found innocent on the basis of the investigation conducted in pursuance to the said FIR. There was no other evidence before the trial Court except the statement which may have enable the Court to come to the conclusion that the same was sufficient for presuming that it might lead to conviction of the persons sought to be summoned. As stated above, Jagir Singh is 90 years old man, whereas, Sanju is the son of Pritam. Pritam is already facing trial.