IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 31614 of 2010 Date of decision:27.10.2010 Bhagwant Singh Petitioner vs. State of Punjab Respondent Present: Mr. Lalit Gupta, Advocate. M.M.S.BEDI,J. An application u/s 319 Cr.P.C., filed by the State through the complainant- petitioner has been dismissed declining to summon Sarwan Singh and Satnam Kaur as additional accused along with Harjinder Singh by the trial court as well as by the revisional court vide orders dated 20.7.2009 and 21.9.2010, respectively. I have gone through the orders, passed by the courts below and I am of the opinion that there is no illegality committed by the courts below in dismissing the application u/s 319 Cr.P.C. on the basis of sole testimony of PW1 Bhagwant singh. Learned counsel for the petitioner submits that after recording the statement of Bhagwant Singh, PW 2,namely, Malkeet singh has also been examined, whose statement is also sufficient enough to exercise power u/s 319 Cr.P.C. to summon additional accused. It has been submitted that another PW is to be examined on 17.11.2010. The petition is dismissed. However, it is made clear that in case additional material is available on the record warranting filing of an application u/s 319 Cr.P.C., it will be open to the petitioner/ State to file a fresh application u/s 319 Cr.P.C. on the basis of material available on the record. October 27 ,2010 ( M.M.S.BEDI ) TSM JUDGE