VARINDER SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 16.08.2017 passed by the Additional Sessions Judge, SAS Nagar (Mohali), vide which the application filed by the prosecution under Section 319 of the Code of Criminal Procedure (for short 'Cr.P.C.') for summoning the petitioner along with four other accused persons as additional accused, was allowed.

(2.) Despite service, none has appeared on behalf of respondent No.2.

(3.) Brief facts of the case are that present FIR No.193 dated 21.09.2016 under Sections 307, 341, 427, 34 of the Indian Penal Code (for short 'IPC') and Sections 25 & 27 of Arms Act, was registered at Police Station Dera Bassi on the statement of Dalbir Singh @ Dherra son of Sukhdev Singh, resident of Village Mehmadpur, Tehsil Dera Bassi, District SAS Nagar with the allegations that on 21.09.2016, he was going in his car to meet a person in Village Gholu Majra and at about 1/1.30 PM, he was chased in Innova car by Diljot DJ, Sunil Gujjar, Bishu Pandit and one Arora, who were residents of Gulmohar City. Bishu Pandit came out of the Innova car and started firing towards him. It is further stated that there was one another unidentified person in a Figo car along with accused persons and they even damaged his car. After registration of the FIR, the police conducted the investigation and submitted the report under Section 173 Cr.P.C. on 14.12.2016 and till that time, the complainant never raised any finger towards the petitioner and even in the report under Section 173 Cr.P.C., the petitioner was neither named as an accused who participated in the crime nor was kept in column No.2.