SUKHDEV SINGH AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Instant criminal revision has been filed under Section 401 of the Code of Criminal Procedure challenging the order dated 13.06.2014 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhari whereby petitioners have been summoned under Section 319 Cr.P.C. to face trial along with co-accused, who are already facing trial, for commission of offences punishable under Sections 148, 149, 323, 506, 341 and 307 IPC. I have heard learned counsel for the petitioners and perused the record.

(2.) Learned counsel for the petitioners contends that respondent has got registered FIR No.78 dated 19.06.2012, under Sections 148, 323, 341, 506 and 307 read with Section 149 IPC. The matter was thoroughly investigated by the police and the petitioners were found innocent. Learned counsel further contends that no specific role or injury has been attributed to the petitioners. The impugned order passed by the trial Court summoning the petitioner under Section 319 Cr.P.C. is result of non-application of mind. I have considered the contentions of learned counsel for the petitioners.

(3.) It has been held by the Hon'ble Apex Court in Suman Vs. State of Rajasthan and another, 2010 1 SCC 250as under:-