Crl. Revision No. 3213 of 2009 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 3213 of 2009 (O&M) Date of Decision: 11.8.2011. Pala Ram and others .......Petitioners Vs. State of Punjab and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. S.S.Sidhu, Advocate for the petitioners. Mr. Vishal Munjal, Addl. A.G. Punjab for respondent No.1. Mr. K.S.Sidhu, Advocate for respondent No. 2. ..... SABINA, J. Petitioners have filed this petition under Section 399 read with Section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short) challenging the order dated 11.11.2009, whereby the application, filed by the prosecution under Section 319 Cr.P.C. for summoning the petitioners as additional accused, was allowed. Hence, the present petition by the accused. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. Section 319 Cr.P.C. reads as under:- “Power to proceed against other persons appearing to be guilty of offence:- (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that Crl. Revision No. 3213 of 2009 (O&M) -2 - any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-section (1), then- (a) the proceedings in respect of such person shall be commenced afresh, and witnesses re-heard. (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.” Thus, as per the above provision, the trial court may summon any person to face the trial as an accused if there is sufficient material available against the said person during trial Crl. Revision No. 3213 of 2009 (O&M) -3 - to proceed against him. The complainant has lodged the FIR in question alleging therein that on 21.9.2008 at about 1.00 P.M. his daughter Veerpal Kaur had gone to meet her aunt Hardev Kaur. However, Veerpal Kaur did not return back home. On inquiry, it transpired that she might have gone to the house of Santro Devi. Raj Kumar son of Santro Devi allured Veerpal Kaur on the pretext of performing marriage with her. After investigation, challan was presented against the accused Raj Kumar. During the pendency of the trial, prosecution moved an application for summoning the petitioners as additional accused under Section 319 Cr.P.C. At this stage, only statement of the complainant was recorded. The statement of the prosecutrix is yet to be recorded during trial. The statement of the prosecutrix under Section 164 Cr.P.C. was shown during the course of arguments. A perusal of the same reveals that the prosecutrix had stated that she had gone with the accused on his allurement of performance of marriage with her. They lived together in a rented room. However, Raj Kumar had not committed sexual intercourse with her (on her request). The prosecutrix has not stated qua any involvement of the petitioners in the alleged crime. In these circumstances, it is necessary that the statement of the prosecutrix be also recorded before any order is passed on an application under Section 319 Cr.P.C. for summoning the petitioners as additional accused. Accordingly, this petition is allowed. The impugned order date 11.11.2009 is set aside. Consequently, the application moved by the prosecution under Section 319 Cr.P.C. is dismissed at this stage. The prosecution would be at liberty to move a fresh application under Section 319 Cr.P.C. if sufficient material Crl. Revision No. 3213 of 2009 (O&M) -4 - transpires during trial qua involvement of the petitioners in the alleged crime. (SABINA) JUDGE August 11, 2011 Gurpreet