SANAULLA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER has filed this petition under Section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 29.3.2010 whereby application moved by the prosecution under Section 319 Cr.P.C. for summoning the petitioner as an additional accused was allowed. Learned counsel for the petitioner has submitted that petitioner had been ordered to be summoned to face the trial as an additional accused basing reliance on the statement of the complainant who appeared in the witness box as PW -3. Petitioner was found innocent during investigation. PW -3 had not attributed any specific role to the petitioner at the time of occurrence. Accused Hasin and Jahir Abbas had challenged the impugned order whereby they were also summoned to face the trial as additional accused along with the petitioner and the said petition was allowed by this Court vide order dated 15.2.2011 (Annexure P -4). All the persons who had been summoned to face the trial as additional accused had approached this Court vide separate revision petitions. Except accused Khalid, revision petitions filed by the other additional accused were allowed by this Court.

(2.) LEARNED State counsel, who is assisted by learned counsel for the complainant, on the other hand, has opposed the petition.