In the High Court of Punjab & Haryana at Chandigarh. Criminal Misc. No.13000/M of 2008. Date of decision : 21.5.2008. Karnail Singh ..... Petitioner. vs. State of Punjab and another ..... Respondents. Before: Hon'ble Mr. Justice R.S.Madan. Present: Mr.Anterpreet Singh, Advocate for Mr.Vikas Bahl,Advocate, for the petitioner. R.S.Madan, J.(Oral) This petition has been filed for quashing of order dated 30.1.2007 (Annexure P3), vide which the petitioner has been summoned under Section 319 Cr.P.C. to face trial along with other accused. Notice of motion to the Advocate General, Punjab. Mr.P.S.Grewal, Assistant Advocate General, Punjab, accepts notice. The petitioner was shown in cloumn no.2 when the challan was filed by the police, finding him innocent. After the framing of charge, when the examination-in-chief of PW Jaspal Singh was recorded, the prosecution moved an application under Section 319 Cr.P.C. to summon the petitioner as an additional accused. Learned counsel contends that since the petitioner has been summoned without affording any opportunity to the defence to cross-examine the said witness, the order of summoning the accused is not sustainable in the eyes of law. He referred to Mohd. Shafi vs Mohd. Rafiq and another 2007 (2) RCR (Criminal) 762, wherein the Apex Court has laid down guidelines to summon any person as an additional accused to face the trial. The Apex Court in para no.12 of the aforesaid judgment has observed that before a court exercises its discretionary jurisdiction in terms of Section 319 Cr.P.C., it must arrive at the satisfaction that there exists a possibility that the accused so summoned is in all likelihood would be convicted. Such satisfaction can be arrived at, inter-alia, upon completion of the cross- examination of the said witness. This petition is allowed in view of the observations made in Mohd. Sharif 's case (supra) and the order dated 30.1.2007 (Annexure P3), vide which the petitioner has been summoned under Section 319 Cr.P.C. to face trial along with other accused is hereby set aside. The prosecution is at liberty to move application under Section 319 Cr.P.C. for summoning the petitioner as an accused after the cross-examination of the witness is complete, if it so desires. 21.5.2008 (R.S.Madan) vs. Judge.