CRR No.1426 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-8.10.2010 Sanjay son of Ramesh Chand ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Sandeep Kotla, Advocate for the petitioner. Mr.Vikas Malik, A.A.G. Haryana. M ehinder S ingh S ullar , J . (Oral) The matrix of the facts, which need a necessary mention for a limited purpose of deciding the core controversy involved in the instant petition and emanating from the record, is that in the wake of statement of complainant Tejinder alias Sunny, a criminal case was registered against accused Sandeep Kumar son of Partap Singh and nine others, vide FIR No.501 dated 19.8.2007 (Annexure P1) on accusation of having committed the offences punishable under sections 148, 302 and 323 read with section 149 IPC by the police of Police Station City Panipat. 2. After completion of the investigation, the police concluded and found accused Dimpy alias Rajiv son of Darshan Lal, Darshan Lal son of Bhagwan Dass and Sanjay Joshi alias Hunny son of Ramesh Chander as innocent. They were not sent for trial. However, the police submitted the challan against the remaining accused to face the trial for commission of aforesaid offences. 3. During the course of pendency of the trial, the prosecution filed an application under section 319 Cr.PC. The trial Judge summoned accused Dimpy alias Rajiv, Darshan Lal and Sanjay Joshi alias Hunny to face trial alongwith their other co-accused, by virtue of impugned summoning order dated 11.2.2009 in this CRR No.1426 of 2009 2 respect. 4. Petitioner-accused Sanjay did not feel satisfied and filed the present petition for quashing the impugned summoning order dated 11.2.2009. That is how I am seized of the matter. 5. What is not disputed here is that having completed all the codal formalities and on ultimate analysis of the evidence on record, the trial Judge acquitted all the accused, vide judgment of acquittal dated 24.2.2010, the operative part of which is as under:- “Resultantly all the accused namely Sandeep Kumar, Pawan Kumar, Sheela @ Sunil Kumar, Pardeep Kumar @ Pammi, Jitender Kumar @ Dimple, Rajinder @ Pala, Rajinder @ Jinder, Darshan Pardhan and Dimpy @ Rajiv are ordered to be acquitted under Sections 148/302 read with Section 149 IPC. All the accused are on bail. Their bail bonds and surety bonds stand discharged. Case property if any be destroyed as per rules after the expiry of period of filing of appeal/revision. Proceedings accused Sanjay Joshi @ Hunny against have been stayed by the Hon'ble High Court vide order dated 27.5.09. File be consigned to record room.” 6. Therefore, once the main case has already been decided and the accused have been acquitted, then the present revision petition against the order of summoning under section 319 Cr.PC remains ritual and becomes infructuous, which is hereby dismissed as such in the obtaining circumstances of the case. (Mehinder Singh Sullar) 8.10.2010 Judge AS