CRR No.1189 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.1189 of 2010 (O&M) Date of decision: 18.01.2011 Satnam Singh and others ....Petitioners Versus State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH Present: - Mr. D.S. Pheruman, Advocate, for the petitioners. Mr. K.D. Sachdeva, Addl. A.G., Punjab. Mr. Sumeet Puri, Advocate, for the complainant. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? ***** ALOK SINGH, J (ORAL) Learned counsel for the petitioners states that he may be permitted to withdraw this revision on behalf of petitioners No.1, 2, 4, 5 and 7 with liberty to raise all the legal pleas available under the law at the time of placing arguments on the question of framing of charge/discharge. Dismissed as withdrawn qua petitioners No.1, 2, 4, 5 and 7 with aforesaid liberty. Now this Court has to see as to whether petitioners No.3, 6 and 8 are rightly summoned under Section 319 of the Code of Criminal Procedure as co-accused in sessions case No.22 of 20087. Learned Additional Advocate General, Punjab, as well as learned counsel for the complainant have fairly stated that no specific CRR No.1189 of 2010 (O&M) -2- role has been attributed to petitioners No.3, 6 and 8 in the statement of the witnesses. The only role attributed to Paljinder Singh is that he has given lalkara. It is further submitted that during the investigation they were not found involved in the occurrence. Now, this is the settled law that Section 319 of the Code of Criminal Procedure should be invoked with great caution and sparingly. Merely because one witness has named some of the persons as co- accused without assigning any specific role, is no ground to summon those persons as co-accused under Section 319 Cr.P.C. specially when there is no other material available on the record to corroborate the statement of one of the witness. In view of this, present petition is allowed and summoning order against petitioners No.3, 6 and 8 is set aside. (Alok Singh) Judge January 18, 2011 R.S.