DHARAMBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER in this petition is for setting aside the order dated 21.11.2007, passed by the Additional Sessions Judge, Kaithal, summoning the petitioners to stand trial as accused with the already arraigned accused.

(2.) COUNSEL for the petitioners submits that while ordering that the petitioners be summoned to stand trial, the learned trial Court has merely held that as the names of both the petitioners are mentioned in the testimony of PW-1 Suresh Devi, they are ordered to be summoned. It is argued that the mere mention of the petitioners names, is insufficient to pass an order under Section 319 of the Code of Criminal Procedure. A Court, while considering a prayer for summoning of any person under Section 319 of the Code, is required to record a positive finding that it appears from evidence that any person, who has not been arraigned as accused has committed any offence, for which he can tried with the already arraigned accused. It is submitted that as no such finding has been recorded by the learned trial Court, the impugned order be set aside. It is further submitted that as per the medical opinion, no poison was administered to the complainant and, therefore, the learned trial Court should have awaited the conclusion of the complainant's cross-examination and the medical evidence before proceeding to hurriedly pass a order under Section 319 of the Code.

(3.) I have heard learned counsel for the parties and perused the impugned orders.