GURMAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) LEARNED counsel for the petitioner submits that initially the case was pending trial before the learned Additional Sessions Judge, Gurdaspur, wherein only one person, namely, Rasid Ali was being tried for having committed the offence punishable under Section 302, IPC. He further submits that after examination of PW1-Gurmail Singh, an application under Section 319 Cr.P.C. was moved by the petitioner for summoning of three more persons, namely, Gurnam Singh, Aman Singh and Jagtar Singh as additional accused and the said application was allowed and as such the said three persons were summoned in terms of Section 319, Cr.P.C. to face trial along with Rasid Ali. He further contends that the three persons so summoned filed a revision petition before this Court and the same was accepted and the matter was remitted to the learned Additional Sessions Judge, Gurdaspur, for re-consideration of the said application. He also contends that in the meantime, Rasid Ali, the principal accused was held to be juvenile and the case was remitted to the Principal Magistrate, Juvenile Justice Board, Gurdaspur, therefore, the application filed by the petitioner in terms of Section 319, Cr.P.C. is still undecided.

(2.) LEARNED counsel contends that in this petition the petitioner has prayed for issuance of a direction to the learned Additional Sessions Judge, Gurdaspur, to decide the said application. When the learned counsel for the petitioner was confronted as to whether any application for deciding the application under Section 319, Cr.P.C. was presented before the learned Additional Sessions Judge, Gurdaspur/trial court, then he prays for withdrawal of the present petition with liberty to move a proper application before the said court for decision of the said application under Section 319, Cr.P.C.