IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Revision No.2385 of 2008 Date of Decision: November 14, 2008 Gurnam Singh & Another .....PETITIONER(S) VERSUS State of Punjab .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. S.S. Rangi, Advocate, for the petitioners. . . . AJAI LAMBA, J (Oral) This petition challenges order dated 12.6.2008 whereby application filed under Section 319 Cr.P.C. has been allowed and the petitioners alongwith Aman Singh have been summoned as additional accused to stand trial. Learned counsel contends that order impugned is a non speaking order as there is no discussion on the relevant issues. It has not been shown as to on what basis the petitioners have been summoned to stand trial. The material that had come on record during investigation showing petitioners as innocent has also not been taken into consideration. Even the statement of PW-1, Gurmail Singh, has not been considered in its relevant context. Crl. Rev. No.2385 of 2008 [2] Notice of motion to the respondent-State. Mr. H.S. Brar, Deputy Advocate General, Punjab, accepts notice on the asking of the Court. I have heard the learned counsel for the parties. On consideration of the impugned order dated 12.6.2008, I find that even the relevant material i.e. statement of PW-1, Gurmail Singh (Annexure P-2) has not been considered in the context of the final report submitted under Section 173 Cr.P.C., wherein the petitioners and Aman Singh were found to be innocent. The Trial Court was required to consider the reasons for which the said persons were found to be innocent collectively with the material that is brought on record during trial. The same, however, has not been done. The statement of PW-1 Gurmail Singh which has been placed on record as Annexure P-2, indicates that even the examination-in-chief had not been concluded. The incriminating material against the persons sought to be summoned as additional accused has not been considered. Considering the facts and circumstances of the case, the petition is allowed. Impugned order dated 12.6.2008 is hereby set aside and the matter is remitted back to the Additional Sessions Judge, Fast Track Court, Gurdaspur, for reconsideration of the matter taking into account the relevant facts and circumstances of the case in the context of the law laid down by the Hon’ble Supreme Court of India and Crl. Rev. No.2385 of 2008 [3] this Court viz. Mohd. Shafi Vs. Mohd. Rafiq & Another, 2007(2) RCR (Criminal) 762 (SC); Kailash Vs. State of Rajasthan & Another, 2008(2) RCR (Criminal) 200 (SC); Hukam Chand & Another Vs. State of Haryana & Another, 2007(3) RCR (Criminal) 141. Copy of the order be given dasti under the signatures of the Court Secretary. (AJAI LAMBA) November 14, 2008 JUDGE avin