Criminal Rev. No.957 of 2010(O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Rev. No. 957 of 2010 (O&M) Date of Decision: August 03, 2011 Gaurav Bansal ...........Petitioner Versus State of Haryana ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.Atul Lakhanpal, Senior Advocate with Mr.R.S.Chahal,Advocate for the petitioner. Mr.Amandeep Singh, Assistant Advocate General, Haryana Mr.Radhey Sham Sharma, Advocate for respondent No.4. <> Sabina, J. Petitioner has filed this petition challenging order dated 11.2.2010 passed by the trial Court whereby application under Section 319 of the Code of Criminal Procedure, 1973( for short `Cr.P.C.) moved by the prosecution was dismissed. Learned counsel for the petitioner has submitted that the challan was presented after investigation of the case against Sharwan Kumar, Ravi , Sunder @ Surender Singh, Jugti @ Satish and Vijay Singh. During the pendency of the trial, an application was moved by the prosecution under Section 319 Cr.P.C. for summoning the private respondents to face trial as accused. However, the trial Court had dismissed the application on erroneous consideration without considering the evidence on record. Criminal Rev. No.957 of 2010(O&M) 2 Learned counsel for respondent No.4 has submitted that the said respondent had been found innocent during investigation and, hence, the application under Section 319 Cr.P.C. was liable to be dismissed. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. Learned trial Court, while dismissing the application, has been influenced by the fact that the private respondents have been found innocent during investigation of the case and, hence, were not involved in the alleged offence in any manner. A perusal of the impugned order reveals that the trial Court has failed to discuss the evidence led during trial by the prosecution, while deciding the application under Section 319 Cr.P.C.. In these circumstances, it would be just and expedient to remand the matter back to the trial Court for deciding it afresh in accordance with law after taking into consideration all the material on record. Accordingly this petition is allowed and the impugned order dated 11.02.2010 is set aside. The trial Court is directed to pass a fresh order on the application filed by the prosecution under Section 319 Cr.P.C. in accordance with law. ( Sabina ) Judge August 03, 2011 arya