Crl.M.No.M-32407 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.M.No.M-32407 of 2010 Date of decision:2.11.2010. Dhanpat Singh ` ..............................Petitioner v State of Haryana and another ................................Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Sudhanshu Makkar,Advocate for the petitioner. JASWANT SINGH,J. Prayer in the instatnt petition under Section 482 Cr.PC is for quashing the order dated 20.10.2010 passed by learned Additional Sessions Judge, Bhiwani, whereby the revision petition filed by the complainant-respondent no.2 (in cross case) was allowed, order dated 24.2.2010 passed by learned SDJM,Loharu, dismissing the application moved by the prosecution under Section 319 Cr.PC, was set aside and the trial Court was directed decide the matter afresh, as also consequential summoning order dated 23.10.2010 passed by the trial Court. It is submitted by the learned counsel for the petitioner that the impugned order has been passed in a mechanical order without Crl.M.No.M-32407 of 2010 2 application of judicial mind and hence liable to be set aside. After hearing the learned counsel for the petitioner and perusing the record, I find no illegality or perversity in the impugned order. FIR No.128 dated 8.11.2006 under Sections 148,149, 323,324, 325, 326 IPC in the instant case was registered at PS Loharu on the basis of medical rukka received from Medical Officer, Civil Hospital, Loharu against 17 persons including respondent no.2. In the aforesaid FIR a cross case was registered against the petitioner and his associates on the basis of statement made by Chanderbhan-respondent no.2. During investigation, police found petitioner Dhanpat and one Rattan as not involved in the occurrence and were placed in column no.2. After submission of challan charges were framed against the appearing accused under Sections 323,324,148 read with Section 149 IPC. Complainant-Chanderbhan ( in cross case), who appeared as PW2, through APP moved an application under Section 319 Cr.PC for summoning petitioner Dhanpat as an additional accused, stating therein that petitioner had actively participated in the occurrence by giving barchhi blow to him-Chanderbhan. The said application was contested. After hearing both sides the said application under Section 319 Cr.PC was dismissed. However, the revision petition filed by complainant- Chanderbhan, was allowed by the learned Additional Sessions Judge, order dated 24.2.2010 passed by learned SDJM,Loharu, dismissing the application moved by the prosecution under Section 319 Cr.PC was set Crl.M.No.M-32407 of 2010 3 aside and the trial court was directed to decide the matter afresh. While passing the impugned order, the learned Additional Sessions Judge has found that instant cross case in FIR No.128 dated 8.11.2006 was registered on the basis of statement of Chanderbhan, who specifically stated in his statement Ex.PW2/A that Dhanpat having barchhi in his hand inflicted injuries to him. Further while appearing as PW/2, complainant-Chanderbhan testified that accused Dhanpat had inflicted barchhi blow on left side of his nose and also on his wrist. It was also noticed by the learned Additional Sessions Judge, that while putting petitioner-Dhanpat in column no.2, it has not been mentioned as to what was the basis on which it could be said that petitioner- Dhanpat was innocent. The learned Additional Sessions Judge has also noticed that as per MLR Ex.PW1/A pertaining to complainant Chanderbhan injury no.1 was found on the left side of his nose, thus corroborating the version of Chanderbhan before the police. In view of the aforesaid observations made by the learned Additional Sessions Judge, in my opinion, it could not be said that the impugned order has been passed in a mechanical manner without application of judicial mind warranting interference by this Court in exercise of its jurisdiction under Section 482 Cr.PC. Dismissed. 2.11.2010. (JASWANT SINGH) joshi JUDGE