1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No. 2253 of 2009 (O&M) Date of Decision: 12.10.2009 *** Vinod .. Petitioner Vs. Haryana State .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR, Present:- Mr. Amit Parashar, Advocate for the petitioner. *** ARVIND KUMAR, J. Delay condoned. The petitioner is aggrieved with the order dated 21.4.2009 passed by the learned trial court by virtue of which the application of prosecution under Section 319 Cr.P.C. for summoning and trial of petitioner and seven other persons along with co- accused has been allowed. Heard. According to the learned counsel for the petitioner, the petitioner was found innocent during the investigation by the police and hence he was not challaned. It has further been contended that no specific role has been attributed to the present petitioner and in absence of any fresh material against the petitioner, the learned trial court has fallen into error while summoning the petitioner as an additional accused. At the threshold it is apt to mention here that the petitions preferred by the other accused, who have been summoned vide the impugned order, have already been dismissed by this Court and from the material available on record, there is nothing to suggest that the case of the petitioner Vinod is distinguishable from them. Even otherwise, in the instant case, the perusal of FIR makes it clear that the petitioner was specifically named therein as a member of unlawful assembly, which committed the 2 offence and he was armed with a pistol and had fired from it. Though, he was not challaned by the police, but the learned trial court after scanning the statements of witnesses produced during trial and after analyzing the other material available on record, concluded that the petitioner and other persons were also involved in the commission of offence and they are liable to be tried along with the co-accused. The Court after applying its mind judicially has exercised its discretionary power by issuing process against the petitioner. In the above facts, no fault could be found with the approach of the learned trial court while summoning the petitioner under Section 319 Cr.P.C. The revision petition being without any merit is dismissed in limine. (ARVIND KUMAR) JUDGE October 12, 2009 Jiten