HARPAL SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. seeking quashing of order dated 22.8.2014, passed by Chief Judicial Magistrate, Fatehabad and also order dated 18.10.2014, passed by Additional Sessions Judge, Fatehabad, whereby application moved under section 319 Cr.P.C. for summoning Rohi Ram as additional accused, has been dismissed.

(2.) Learned counsel for the petitioner submits that there are specific allegations against Rohi Ram that he alongwith other accused took money from the complainant, but during investigation he has been left in column No.2. Thereafter, complainant/petitioner supported his case while appearing as PW-1. Thus, the orders passed by the courts below are liable to be quashed.

(3.) Learned State counsel as well as counsel appearing for respondent No.4 have opposed the plea. They submits that the trial court has rightly dismissed the application under section 319 Cr.P.C. as allegations against respondent No.4 were found to be false, therefore, there was no prima facie case to summon Rohi Ram as additional accused.