CRR No.599 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.599 of 2009 (O&M) Date of Decision: 10.8.2009 Phuman Singh and another ....Petitioners. Vs. State of Punjab and another ..Respondents. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Nakul Sharma, Advocate for the petitioners. Mr.K.D.Sachdeva, Addl.AG Punjab for the respondent/State. Mr.Sandeep Punchhi, Advocate for the complainant. RAKESH KUMAR JAIN, J.(Oral) This revision petition is directed against the order dated 5.5.2008 passed by Additional Sessions Judge, Ferozepur allowing the application filed by the complainant under Section 319 Cr.P.C. vide which the petitioners Phuman Singh and Achra Bai have been summoned to face trial under Sections 452/435/426 and 307 IPC. Counsel for the petitioners has argued that the aforesaid order has been passed on the statement of Sumitra wife of Singara Singh, who has not been cross-examined as yet. Thus, it is submitted that her statement in examination-in-chief cannot be considered as an evidence for the purpose of summoning under Section 319 Cr.P.C. At this stage, Sh.Sandeep Punchhi, counsel for complainant Sumitra wife of Singara Singh has stated that the order dated 5.5.2008 may be set aside and the matter may be sent back to the Court below for passing CRR No.599 of 2009 (O&M) -2- the order afresh after Sumitra is cross-examined. In view of the statement made by the counsel for the complainant, the present revision petition is allowed. Order dated 5.5.2008 is hereby set aside. The matter is remanded back to the Court of Additional Sessions Judge, Ferozepur to pass a fresh order on the application under Section 319 Cr.P.C. after taking into consideration the statement of Sumitra after her cross-examinination. The parties through their counsel are directed to appear before the Court below on 28.8.2009. (RAKESH KUMAR JAIN) 10.8.2009 JUDGE Meenu