IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.2437 of 2008 Date of Decision: November 20, 2008 Harvinder @ Pinder .....PETITIONER(S) VERSUS State of Haryana & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Parminder Singh, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) Challenge in this petition is to order dated 16.10.2008 whereby the order passed by the Magistrate dated 14.7.2008 has been reversed and it has been directed that Pinder is required to be summoned as additional accused under Section 319 Cr.P.c. The Trial Magistrate dismissed the application for summoning Pinder as additional accused while holding that allegations against him did not seem to be true and believable. The issue has been considered in detail in Para 5 of the order passed by the Revisional Court. It has been considered that as per the prosecution case, it was Pinder who had opened the attack. Pinder first slapped Gurmukh Singh (complainant) and so as to avoid reprisal action on the Crl. Rev. No.2437 of 2008 [2] part of the injured, the complainant was engulfed in his arms and made to lie down. After being in-capacitated by Pinder, knife blows were given by Kaku @ Gurpinder. Complainant, Gurmukh Singh, appeared as PW-1 and has again projected the role of Pinder. The Statement of Gurmukh Singh in Court is in conformity with the averments made in the complaint. I find no illegality in the impugned order. No ground for interference is made out. The petition is dismissed. It is made clear that nothing said hereinabove shall be construed as an opinion on the merits of the case. (AJAI LAMBA) November 20, 2008 JUDGE avin