SARVAN Vs. DHARAM PAL

JUDGEMENT

(1.) PETITIONER has challenged the legality and propriety of the order dated October 8, 2013 dismissing the application of the petitioner under Section 319 Cr.P.C. for summoning Dharam Pal, Deepu and Bablu as additional accused in a case of attempt of murder. The petitioner/complainant was fired at in judicial custody, in the Court premises when he had gone for appearance in custody in the case under Sections 323, 325 IPC. The petitioner was also in custody in a case under Section 302 IPC for having murdered Neeraj. In the present case, Pawan Kumar was apprehended on the spot. Petitioner claims that Dharam Pal, Deepu and Bablu are also involved in the case being conspirators. The police, on investigation of the matter had found Pawan Kumar, Sunil Kumar and Rakesh as prima facie involved in the case and has presented challan against the said three accused only. The trial court has dismissed the application, inter -alia on the ground that on the basis of mere suspicion, additional accused cannot be summoned.

(2.) I have gone through the order. In the present case, the petitioner is an injured witness. He had named six persons to be involved in an attempt on his life. The person who allegedly fired at him alongwith two others are already facing trial. The petitioner is having enmity with the accused sought to be arraigned as additional accused, on account of earlier criminal litigation. I have examined the circumstances of this case in the light of the judgment in Michael Machedo v. CBI and another, 2000 2 RCR(Cri) 75, and the parameters laid down in the said judgment and I am of the opinion that after 9/10 witnesses having been examined, it will not be appropriate to summon the additional accused especially when after investigation they have been found to be innocent. Mere suspicion is not sufficient ground to array the additional accused in the exercise of powers under Section 319 Cr.P.C. The petition is dismissed without prejudice to the rights of the petitioner to avail any other remedy available to proceed against the suspects, if so advised.