Criminal Misc. No.M-23422 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-23422 of 2008 Date of decision : 1.10.2008 Surjit Singh .....Petitioner Versus State of Punjab and another ...Respondents **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr.G.B.S.Dhillon, Advocate for the petitioner. Ms. Manjari Nehru, Deputy Advocate General, Punjab. S. D. ANAND, J. The petitioner has filed the present petition to obtain invalidation of the impugned order dated 14.7.2008 vide which his summoning, to face the trial, was ordered by the learned Trial Court by allowing a plea under Section 319 Cr.P.C. It is beyond the pale of controversy that the petitioner was found innocent by the Investigating Agency and he was shown in column no.2 in the report under Section 173 Cr.P.C. It is apparent from a perusal of the FIR, and also the statement of PW-1 Pritam Singh, that the petitioner is not averred to have participated in the impugned occurrence. He is also not alleged to have been even around at the time of impugned occurrence. The charge faced by the accused (other than the present applicant) is that they belaboured Pritam Singh Criminal Misc. No.M-23422 of 2008 -2- **** aforementioned with their respective weapons. The only allegation qua the petitioner is that he had illicit relation with accused Gurmit Kaur alias Rani and the petitioner had held out a threat few days ago that he would cause harm to PW-1 Pritam Singh. The allegation is nothing but a reflection of apprehension in the mind of the first informant Pritam Singh. Even if the entire evidence is allowed to be adduced it would be impossible to indict the petitioner for any offence. In the light of fore-going discussion, it is apparent that impugned order is unsustainable. The petition shall stand allowed. The impugned order shall stand set aside. October 01, 2008 (S. D. ANAND) Pka JUDGE Note: Whether to be referred to Reporter: Yes/No