JASVIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in the present revision is to the order dated February 6, 2007 passed by Judge, Special Court, Nawanshahr summoning the petitioner in application filed by the prosecution under Section 319 of the Code of Criminal Procedure (for short "the Code").

(2.) THE case arises out of FIR No. 226 dated December 2, 2004 registered under Section 15/61/85 of the N.D.P.S.Act, 1985 at Police Station, Balachaur, District Nawanshahr against Ajit Singh @ Ranjit Singh @ Baba and on his disclosure the name of Jasvir Singh son of Bakhtawar Singh, the petitioner was also added. However, after completing investigation, police did not find sufficient evidence against the petitioner and accordingly did not file challan against him. It was during the trial that application was filed by the prosecution under Section 319 of the Code for summoning the petitioner and vide impugned order, the petitioner was summoned.

(3.) ON the other hand, Learned Counsel for the State submitted that prima facie case was made out against the petitioner for the simple reason that truck, which was used in the offence was owned by the petitioner. Even the co -accused had stated that person, who had run away from the spot was the petitioner. Accordingly, keeping in view the object that no criminal should escape the clutches of law, the learned Court below has rightly exercised its power to summon the petitioner. In case he is found to be innocent, he would be discharged.