KEWAL KRISHAN Vs. STATE OF PUNJAB

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 11.6.2012, whereby the petitioner was summoned to face trial as an additional accused under Section 319 Cr.P.C.

(2.) Learned counsel for the petitioner has submitted that the petitioner was found innocent during investigation and was cited as a prosecution witness. Petitioner was declared hostile during his examination before the trial Court at the request of the public prosecutor and thereafter, the prosecution moved an application under Section 319 Cr.P.C. for summoning the petitioner to face the trial as an additional accused. There was no material against the petitioner to proceed against him as an additional accused. Learned State counsel, on the other hand, has opposed the petition.

(3.) After hearing learned counsel for the petitioner as well as learned State counsel, I am of the opinion that this petition deserves dismissal.