SURINDER @ CHHINDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a criminal revision and has been directed against the order dated 8.2.1995 passed by the Court of Additional Sessions Judge, Jalandhar, who allowed the application of the prosecution under Section 319 Cr.P.C. and ordered that petitioner Surinder @ Chhinda be arrayed as an accused along with Swaran Singh and Bhajan Singh.

(2.) A copy of F.I.R. No. 92 dated 22.7.1993 under Section 15 of the N.D.P.S. Act was registered against the present petitioner and accused Swaran Singh and Bhajan Singh in Police Station Shahkot. During the course of investigation, the present petitioner was found innocent, but challan under Section 15 of the Act was submitted against Swaran Singh and Bhajan Singh who were charge- sheeted. The challan was sent to the Court of Magistrate, who committed Swaran Singh and Bhajan Singh to the Court of Sessions in order to face the trial. The charge under Section 15 of the Act was even framed against Swaran Singh and Bhajan Singh. When the examination-in-chief of PW Darshan Singh was recorded, at that stage the State made an application under Section 319 Cr.P.C. and vide impugned order the learned Additional Sessions Judge summoned the present petitioner under Section 319 Cr.P.C. The impugned order is quoted as below :-

(3.) I have heard Shri Jasbir Singh, Advocate, on behalf of the petitioner, Shri I.P.S. Sidhu, AAG for the State and Shri A.S. Gill, Advocate on behalf of respondents No. 2 and 3.