(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 11.2.2013 passed by the Trial Court whereby application moved by the prosecution under Section 319 Cr.P.C. to summon respondents No. 2 and 3 as additional accused was dismissed.
(2.) Learned counsel for the petitioner has submitted that specific allegations have been levelled against respondents No. 2 and 3 in the FIR. However, challan was not presented against the said respondents. During trial, petitioner had appeared in the witness box and had deposed as per the contents of the FIR. The Trial Court had erred in dismissing the application moved by the prosecution under Section 319 Cr.P.C. to summon respondents No. 2 and 3 as additional accused.
(3.) Learned State counsel has failed to controvert the submissions made by the counsel for the petitioner.