Crl. Rev. No.130 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Rev. No.130 of 2011 (O&M) Date of decision : 5.8.2011 Ram Chander & another ...Petitioners Versus State of Haryana & another ...Respondents CORAM: HON'BLE MR. JUSTICE RAJAN GUPTA Present: Mr. R.A. Sheoran, Advocate for the petitioner. Mr. Siddharath Sarup, Dy. Advocate General, Haryana. Mr. Rajesh Bhardwaj, Addl. Advocate General, Punjab. Rajan Gupta, J. (oral) This is a revision against the order dated 3rd January, 2011, passed by Additional Sessions Judge, Bhiwani, whereby the petitioners have been summoned to face trial for offence under Sections 323/34 and 506 IPC and under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Learned counsel for the petitioners at the outset submits that the court below has not considered the law as laid down in Michael Machado v. Central Bureau of Investigation, (2000) 3 SCC 262. It has to come to a positive finding that there is a reasonable probability of conviction of the additional accused summoned under Section 319 Cr.P.C. He, thus, submits that the matter be remitted back to the same court. This prayer is not opposed by the counsel representing the Crl. Rev. No.130 of 2011 2 respondents. In view of above, the order dated 3rd January, 2011, passed by Additional Sessions Judge, Bhiwani is set-aside. Without expressing any opinion on the merits of the case, the matter is remitted back to the same court, where trial of the case is pending, for decision afresh. The parties will be at liberty to raise all their pleas before the said court including the judgments they seek to place reliance upon. Allowed in aforesaid terms. (RAJAN GUPTA) JUDGE 5.8.2011 'rajpal'