GURDEV SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been preferred under Section 482 of the Code of Criminal Procedure praying for quashing of the summoning order dated 25.04.2008 (Annexure P-3) and the charge dated 11.07.2008 (Annexure P-4) framed against the petitioners by the Court of Additional Sessions Judge (Ad-hoc), Fast Track Court, Ambala.

(2.) COUNSEL for the petitioners contends that the petitioners could not have been summoned on an application moved by the prosecution under Section 319 of the Code of Criminal Procedure as he contends that only on the statement of the complainant, the Court has exercised its powers and summoned the two petitioners in the present petition as additional accused to face the trial and thereafter had proceeded to frame the charges against them. He contends that as per the judgment of the Hon'ble Supreme Court in the case of Rakesh and another v. State of Haryana, 2001(3) RCR(Crl.) 681 SC and Mohd. Shafi v. Mohd. Rafiq, 2007(2) RCR(Crl.) 762 : 2007(2) RAJ 534, the petitioners could not have been summoned under Section 319 of the Code of Criminal Procedure unless the witness had been cross examined and the evidence of the witness is complete. He has further relied upon the judgment of this Court in Rajbir Singh v. State of Haryana and others, 2006(3) RCR(Crl.) 195 to contend that the trial Court on consideration of an application under Section 319 Cr.P.C. is required to record reasons of satisfaction on the basis of the entire material on the record to come to a conclusion that there is reasonable prospect of convicting the accused of the offence before they are to be summoned. He submits that the said test having not been fulfilled by the trial Court while passing an order summoning the two petitioners, the summoning order as well as the charge framed against them cannot be sustained and deserves to be set aside.

(3.) I have heard the counsel for the parties and have gone through the records of the case.