Crl. Rev. No. 1560 of 2010 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Rev. No. 1560 of 2010 Date of Decision: September 13, 2010 Kulwinder Singh …..Petitioner Vs. State of Punjab …..Respondent CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr.S.P.S. Sidhu, Advocate for the petitioner. Mr.Abhishekh Chautala, AAG, Punjab. -.- M.M.S. BEDI, J. (ORAL) A perusal of the impugned order dated April 9, 2010 indicates that the Sessions Court has summoned the petitioner under Section 302 IPC read with Section 149 IPC as additional accused and opted to take cognizance of the offence without the said accused having been committed to the said Court by the Magistrate, relying upon the judgment of Joginder Crl. Rev. No. 1560 of 2010 [2] Singh and another Vs. State of Punjab and another, (1979) 1 SCC 345 and Kishan Singh Vs. State of Bihar, (1993) 2 SCC 16. The said two judgments have been considered by the Apex Court in Ranjit Singh Vs. State of Punjab, 1994 (4) RCR (Crl.) 552, laying down that the Sessions Judge has got power to add new accused only after recording some evidence and not before it. In view of the law laid down in Ranjit Singh’s case (supra), the order passed by the trial Court on April 9, 2010 is hereby set aside with liberty to the trial Court to summon the petitioner in exercise of powers under Sections 319 Cr.P.C., if the circumstances so warrant, at an opportune time. Disposed of. September 13, 2010 (M.M.S.BEDI) sanjay JUDGE