PARDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Vide this order, above mentioned two petitions would be disposed of as these have arisen out of the order dated 15.1.2011 passed by the trial Court, whereby petitioners were ordered to be summoned on an application moved by the prosecution under Section 319 of the Code of Criminal Procedure, 1973 (Cr.P.C.) to face the trial as additional accused.

(2.) Learned counsel for the petitioners has submitted that the petitioners were found innocent during investigation. Vide the impugned order dated 15.1.2011, petitioners as well as Surinder Singh and Amrit Singh were summoned to face the trial as additional accused . Challan had been presented against accused Harvinder @ Gora and Harsimrat Singh. So far as accused Amrit Singh was concerned, he was declared a juvenile. In the meantime, trial has concluded and all the accused, who have faced trial have since been acquitted by the trial Court vide judgment dated 31.10.2011. Learned State counsel as well as counsel for the complainant, on the other hand, have opposed the petitions. Section 319 Cr.P.C. reads as under:-

(3.) Thus, as per the above provision, Court has ample power to summon any person as an additional accused if it appears during trial that such person appears to have committed the offence.