PARAMJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The present petition has been filed against the order dated 23.07.2013 passed by Judicial Magistrate Ist Class, Kapurthala, vide which, the application moved by the prosecution under Section 319 Cr.P.C has been dismissed.

(2.) Learned counsel for the petitioner has challenged the impugned order on the ground that specific role was attributed to the persons sought to be summoned and the same has been supported by medical evidence, still the application has been dismissed. Learned counsel also submits that their presence at the place of occurrence has also been established and at the time of summoning, only prima facie case is to be seen.

(3.) Learned counsel also relied upon the judgments of this Court in cases Rajbir Singh vs State of Haryana and others, 2006 2 ILR(P&H) 102 and Mann Singh vs State of Punjab, 2009 2 RCR(Cri) 289 in support of his contentions.