SUNIL MEHTA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This petition has been filed under Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging the order dated 6.1.2012, whereby the application moved by the prosecution to summon the petitioner as an additional accused under Section 319 Cr.P.C. was allowed.

(2.) Learned counsel for the petitioner has submitted that as per the FIR, no specific role was attributed to the petitioner. Petitioner was found innocent during investigation. The son of the petitioner, during investigation, had stated that the petitioner was not present at the spot.

(3.) Learned State counsel, on the other hand, has submitted that during trial, there was sufficient material on record to proceed against the petitioner under Section 319 Cr.P.C.