IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No. 596 of 2009 Date of decision : 17.11.2009 Vedpal Singh and others ....Petitioners Versus State of Haryana ...Respondents CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. J.S.Bedi, Advocate for the petitioner. Mr. S.S.Pattar, Senior Deputy Advocate General, Haryana S. D. ANAND, J. The challenge to the validity of the impugned order dated 11.2.2009 (vide which the summoning of the petitioner as an accused was ordered by the learned Trial in allowance of a plea under Section 319Cr.P.C.) has to be allowed in view of the fact that the allowance of the plea by the learned Trial Court came about on the basis of only a partly recorded statement of Sheela Devi. The statement made by a witness, who has not been allowed to be subjected to cross-examination, cannot be said to be substantive in character and it cannot form the foundational basis of the summoning of an accused. The petition shall stand allowed accordingly. The impugned order shall stand set aside. If a plea under Section 319 Cr.P.C. comes to be filed at a later stage of the trial and the plea raised proceeds on the basis of substantive evidence, it will be for the learned Trial Court to consider it afresh in accordance with the law. November 17, 2009 (S. D. ANAND) Pka JUDGE