Crl.Misc.No.M-5504 of 2009 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-5504 of 2009 (O&M). Decided on: February 11, 2010. Karam Chand and others .. Petitioners VERSUS State of Haryana and another .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Rajinder Goyal, Advocate, for the petitioners. Ms.Shubra Singh, DAG, Haryana, for the respondent-State. Mr.Kuldeep Tiwari, Advocate, for respondent No.2. M.M.S. BEDI, J. (ORAL) Vide impugned order, the petitioners have been summoned as additional accused in exercise of powers under Section 319 Cr.P.C. I have gone through the statement of PW.1 Renu Sharma complainant who has stated clearly that all the five accused, namely, Ramesh Kumar, Karam Chand, Satya Devi, Rajesh and Sushma had given her beatings and repeated their demand of . . . 1 Crl.Misc.No.M-5504 of 2009 (O&M) dowry. In her statement she does not refer to any specific date when beatings were given. On the basis of vague omnibus general allegations, the petitioners have been summoned as additional accused. The summoning order has not been passed by judicious application of mind on the material available on the record. There is absolutely no satisfaction recorded by the Magistrate that there are fair chances of conviction of the additional accused. It appears to be a case where all the family members have been roped in. The petition deserves to be allowed. Order dated 19.09.2008, is a non-speaking order, as such, is set aside, without prejudice to the rights of the complainant to move a similar application in case there is proper evidence warranting the summoning of the additional accused. In case of any such eventuality, the trial Court will be required to consider the evidence in the light of Micheal Machado and another Vs. Central Bureau of Investigation & Anr. 2000 (2), RCR (Crl.) Page-75, and other guidelines on the subject given by the various Courts. Disposed of. (M.M.S.BEDI) JUDGE February 11, 2010. rka . . . 2