(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 5.8.2013 whereby application moved by the prosecution under Section 319 Cr.P.C. for summoning of respondents No. 2 and 3 as additional accused, was dismissed.
(2.) Learned counsel for the petitioner has submitted that there was sufficient material on record to order the summoning of respondents No. 2 and 3 to face the trial as additional accused. In support of his arguments, learned counsel has placed reliance on Mann Singh and others versus State of Punjab and another, 2009 2 RCR(Cri) 289, wherein it was held as under:-
(3.) Learned counsel for the petitioner has next placed reliance on Lok Ram versus Nihal Singh, 2006 2 RCR(Cri) 707, wherein it was held as under:-