Crl. Revision No. 3258 of 2009 -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Revision No. 3258 of 2009 Date of Decision: 11.8.2011. Harun .......Petitioner Vs. Kayyum and another ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Sunil Panwar, Advocate for Mr. P.R.Yadav, Advocate for the petitioner. Mr. Rakesh Dhiman, Advocate for respondent No.1. Mr. Amandeep Singh, Asstt. A.G., Haryana for respondent No.2. ..... SABINA, J. Petitioner has filed this petition under Section 401 of the Code of Criminal Procedure ('Cr.P.C.' for short) challenging the order dated 03.12.2009, whereby the application, moved by the prosecution under Section 319 Cr.P.C. for summoning the respondent No.1 as an additional accused, was dismissed. Hence, the present petition by the complainant. Learned counsel for the petitioner has submitted that the entire occurrence had taken place on the instigation of respondent No.1 and hence, he was liable to be summoned to face the trial as an additional accused. Learned counsel for respondent No.1, on the other hand, has submitted that the said respondent was found innocent during investigation. The only role attributed to the said respondent Crl. Revision No. 3258 of 2009 -2 - was that he had dragged the prosecutrix but the said allegation was not supported by medical evidence. After hearing learned counsel for the parties, I am of the opinion that the instant petition deserves to be dismissal. 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 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 Crl. Revision No. 3258 of 2009 -3 - 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 to proceed against him. As per the prosecution case, respondent No.1 had forcibly dragged the prosecutrix into a Maruti car and then Imran, Sehjad and Robin had taken her away in a factory area where Imran and Sehjad had committed rape on her person. In her cross examination the prosecutrix deposed that she had suffered injuries on her both knees and left eye when she was dragged into the car by respondent No.1. Admittedly, as per the medico legal report, there are no injuries on the knees of the prosecutrix. In these circumstances, the learned trial court rightly held that the application was liable to be dismissed as there was no occasion for respondent No.1 to help his companions in kidnapping the prosecutrix and then to commit rape on her person. There are no allegations of commission of rape by respondent No.1. Respondent No.1 was found innocent during investigation. In these circumstances, no ground for interference by this court is made out. Dismissed. (SABINA) JUDGE August 11, 2011 Gurpreet