DILBAG SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This petition has been filed by the complainant-petitioner under Section 401 of the Code of Criminal Procedure 1973, (Cr.P.C. for short), challenging the order dated 5.5.2012 passed by the trial Court, whereby the application filed by the prosecution under Section 319 Cr.P.C. for summoning respondents No.2 and 3 as additional accused was dismissed.

(2.) Learned counsel for the petitioner has submitted that the application was moved by the prosecution under Section 319 Cr.P.C. for summoning accused Mange Ram, Satya (respondents No.2 and 3), Ramesh and Nirmala. Respondents No.2 and 3 were the father- in-law and mother-in-law of the deceased. There was sufficient material on record to summon respondents No.2 and 3 to face the trial as additional accused.

(3.) Learned counsel for respondents No.2 and 3, on the other hand, has opposed the petition and has submitted that there was no new material on record entitling the summoning of respondents No.2 and 3 to face the trial as additional accused. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed. Section 319 Cr.P.C. reads as under:-