Cr. Rev 2225 of 2007 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Cr. Rev 2225 of 2007 DATE OF DECISION: 24.3.2009 Suman Rani ......PETITIONER VERSUS State of Haryana and another. ......RESPONDENTS PRESENT: Mr.SS Pillania, Advocate Mr. Rattan Brar, AAG, Hry Mr. Rahul Vatts, Advocate M.M.S.BEDI,J. Suman Rani has filed the instant petition against the order dated 14.9.2007, summoning her as an additional accused u/s 319 Cr.P.C. for facing trail for offence u/s 498A/406/323/313/506 IPC along with her brother Manoj Kumar and other family members. The petitioner is the married sister-in-law of complainant Asha Monga. The impugned order dated 14.9.2007 is liable to be set aside solely on the ground that the trial court, without application of mind inconsistent with the parameters laid down in Michael Michado & Anr vs CBI & another 2002(2) Rcr (Cr.) 75, has casually summoned the petitioner without appreciating the fact that the statement of Asha Monga is not a complete evidence as without giving an opportunity to the accused to cross-examine the witness, powers u/s 319 Cr.P.C. have been exercised. The said order is liable to be quashed in the light of the judgment of the Supreme Court in Mohd. Shafi vs Mohd Rafiq and another JT 2007(5) SC 562. In view of the above, this petition is allowed and summoning order dated 14.9.2007 is hereby set aside without expression of any Cr. Rev 2225 of 2007 2 opinion on merits of the case solely on the ground that the powers u/s 319 Cr.P.C. have been exercised without permitting the cross-examination of the witness, whose statement has been made the basis for summoning the petitioner, who is the married sister-in-law of the complainant. This order will not debar the prosecution/ complainant to move an application after the evidence of PW is complete. March 24 ,2009 ( M.M.S.BEDI ) TSM JUDGE