JASBIR SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 21.11.2008 (Annexure P-1) whereby the application under Section 319 Cr.P.C. moved by the prosecution to summon the petitioner as additional accused, was allowed by the Trial Court.

(2.) FIR No. 55 dated 14.5.2007 under Section 324, 323, 34 of the Indian Penal Code was registered at Police Station Goraya on the basis of the statement of complainant Gurdev Kaur. The complainant stated before the police that on 13.5.2007, at about 8.00 A.M., she was cutting vegetables while sitting near the gate of her house. In the meantime, her son Santokh Singh along with the petitioner came there and started giving beatings to her. Both of them gave her slaps, kick blows and dragged her from her hair. Santokh Singh snatched the knife from the hand of the complainant and gave blows with it on her right hand, head, face, arm, legs and back. On an alarm raised by the complainant, Makhan Singh reached the spot and she was got rescued from the assailants. After investigation of the case, challan was presented against accused Santokh Singh. During the pendency of the trial, prosecution moved an application under Section 319 Cr.P.C. for summoning the petitioner as additional accused. Vide impugned order dated 21.11.2008, petitioner was ordered to be summoned to face the trial as additional accused. Hence, the present petition by the petitioner.

(3.) Learned counsel for the petitioner has submitted that the Trial Court had erred in summoning the petitioner to face the trial as additional accused. In fact, there was no evidence available on record with regard to involvement of the petitioner in the alleged crime.