VIKRAMJIT SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) PRESENT Criminal Revision Petition is directed against the order dated 02.08.2014 passed by learned Addl. Sessions Judge, Ludhiana whereby application under Section 319 of Code of Criminal Procedure ('Cr.P.C.' for short), moved by the prosecution for summoning Sh. Surinder Singh and his wife Smt. Prabhjot Kaur as additional accused, was dismissed.

(2.) NOTICE of motion was issued and pursuant thereto reply by way of affidavit along with Annexures R -1 to R -12 was filed on behalf of respondents No. 2 and 3.

(3.) LEARNED counsel for the petitioner submits that when similar application moved by the prosecution under Section 319 Cr.P.C. was earlier dismissed by the learned Addl. Sessions Judge vide order dated 18.03.2013, petitioner approached this Court by way of CRR -2227 -2013 (Vikramjit Singh Vs. State of Punjab and others) and the same was allowed by this Court vide order dated 14.07.2014, directing the learned trial Court to reconsider the matter. He further submits that the learned Addl. Sessions Judge, Ludhiana had proceeded on a misconceived approach, while passing the impugned order. Petitioner was the complainant. FIR No. 87 dated 06.06.2012 under Section 304B/34 of Indian Penal Code was registered at Police Station Simlapuri, Ludhiana on the statement made by the petitioner. Deceased Jaspal Kaur was his sister. Accused Sh. Surinder Singh and his wife Smt. Prabhjot Kaur, who were sought to be summoned as additional accused to face the criminal trial, were the parents -in -law of the deceased. He next contended that there was sufficient evidence brought on record for summoning Sh. Surinder Singh and Smt. Prabhjot Kaur, as additional accused. Since the learned trial Court has misdirected himself while passing the impugned order, the same was liable to be set aside. In support of his contentions, learned counsel for the petitioner places reliance on the following judgments: -