KIRAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By way of this petition, petitioner has challenged the order dated 19.5.2014 whereby application moved by the prosecution under Sec. 319 of the Code of Criminal Procedure, 1973 ('Cr.P.C' for short) for summoning respondent No. 3 as an additional accused, was dismissed.

(2.) Learned counsel for the petitioner has submitted that there was sufficient material on record to order the summoning of respondent No. 3 to face the trial as an additional accused. In this regard, reliance has been placed on the statement of the prosecutrix (Annexure P-1).

(3.) Learned counsel for respondents No. 2 and 3, on the other hand, has opposed the petition and has submitted that after thorough investigation of the case, challan was not presented against respondent No. 3 as she was found innocent. Sec. 319 Crimial P.C. reads as under:-