BALVINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS revision directed against the order dated 8.1.1996 passed by the Additional Sessions Judge, Karnal whereby the petitioner and one Jaswinder Singh have been summoned under Section 319 of the Code of Criminal Procedure (for short the Code) to face trial for the offences punishable under Sections 307, 325, 324 read with Sections 149, 148 and 506, Indian Penal Code.

(2.) ADMITTEDLY , on the statement of Amritpal Singh F.I.R. No. 686 was registered on 9.8.1992 at Police Station City, Karnal for the aforesaid offences against seven persons including the present petitioner. However, on investigation no material could be collected to prosecute the petitioner and Jaswinder Singh for the said offences and as such both of them were placed in Column No. 2 of the charge-sheet. Ramaining five persons namely Harcharan Singh and others were sent up for trial. Case was committed to the Court of Sessions. A charge for the said offences was framed against the said five persons by the Additional Sessions Judge, Karnal. Amritpal Singh (PW-1), the complainant, came into the witness box and his examination-in-chief was recorded, wherein he named the petitioner and Jaswinder Singh also among the assailants. At this stage on an application filed by the prosecution under Section 319 of the Code, the Additional Sessions Judge by the impugned order summoned the petitioner as well as Jaswinder Singh to face trial for the said offences.

(3.) I have heard the learned counsel for the parties and have gone through the record.