Crl. Revision No.1346 of 2011 (O & M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.1346 of 2011 (O & M) Date of Decision: 25.07.2011. Moti Khan and others ……Petitioners Versus State of Punjab …...Respondent Coram: HON’BLE MR. JUSTICE L. N. MITTAL. Present: Mr. Manjeet Singh, Advocate for the petitioners. Ms. Rajni Gupta, Addl. AG, Punjab. L.N. MITTAL, J (ORAL) Moti Khan and four others have filed this criminal revision petition impugning order dated 15.02.2011 passed by learned Judicial Magistrate Ist Class, Rupnagar thereby allowing prosecution application Annexure P-7 filed under Section 319 of the Code of Criminal Procedure (in short, Cr.P.C) and thereby ordering summoning of the petitioners as additional accused in FIR No.3 dated 13.01.2007 under Sections 323, 325 read with Section 34 IPC registered at Police Station, Kurali. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioners vehemently contended that the learned Trial Magistrate has not recorded Crl. Revision No.1346 of 2011 (O & M) - 2 - satisfaction that there is sufficient ground to proceed against the petitioners and the impugned order is not speaking one. There is considerable merit in the contention. The impugned order appears to have been passed mechanically without application of mind. The impugned order does not record reasons for summoning the petitioners as additional accused. It is simply observed that the complainant in his statement before the Court has levelled allegations against the petitioners also. This simple observation would not be a sufficient reason to allow application under Section 319 Cr.P.C. The impugned order is practically non-speaking. For the reasons aforesaid, but without entering into merits of the application Annexure P-7, the instant revision petition is allowed and impugned order dated 15.02.2011 passed by learned Judicial Magistrate Ist Class, Rupnagar is set aside and the learned trial Magistrate is directed to decide application Annexure P-7 afresh in accordance with law by recording speaking order. (L. N. MITTAL) JUDGE 25.07.2011. A.kaundal