CRR No. 913 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Rev. No. 913 of 2011 (O&M) Date of Decision: August 09, 2011 Sukhwinder Singh and another ...........Petitioners Versus State of Punjab ..........Respondent Coram: Hon'ble Mrs.Justice Sabina Present: Mr.B.D.Sharma, Advocate for the petitioners. Mr.G.S.Brar, Assistant Advocate General, Punjab <> Sabina, J. Petitioners have filed this petition under Section 401 of the Code of Criminal Procedure, 1973 ( for short `Cr.P.C.) for setting aside order dated 19.1.2011, whereby they were summoned to face the trial as accused, on an application moved by the prosecution under Section 319 of Cr.P.C. in FIR No. 171 dated 12.11.2009 registered at Police Station Kartarpur, District Jalandhar under Sections 307, 506, 148, 149 of the Indian Penal Code read with Section 25 of the Arms Act,1959. Vide order dated 25.4.2011, petition qua petitioner No.1 -Sukhwinder Singh was dismissed as not pressed. Learned counsel for petitioner No. 2-Jaswinder Singh has submitted that no overt act was attributed to the said petitioner at the time of the alleged occurrence. Petitioner No.2-Jaswinder Singh had been found innocent during investigation. Hence, the application qua petitioner No.2- Jaswinder Singh moved by the prosecution under Section 319 Cr.P.C. was CRR No. 913 of 2011 (O&M) 2 liable to be dismissed. Learned State counsel, on the other hand, has submitted that petitioner No.2-Jaswinder Singh was present at the spot armed with datar and, hence, was liable to be summoned to face the trial as an accused. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves to be allowed. A perusal of the statement of the complainant PW1 (Annexure P2) reveals that as per the said witness, Jaswinder Singh was present at the spot armed with datar. However, no overt act has been attributed to petitioner No.2-Jaswinder Singh at the time of the alleged occurrence. As per the complainant, Dalvir Singh, Gurdial Singh @ Dalla, Jarnail Singh had fired shots from their respective weapons. Petitioner No.2- Jaswinder Singh had not caused any injury to any person nor had raised the lalkara. The lalkara was also, allegedly, raised by Dalvir Singh., In these circumstances, there was no material before the trial Court to proceed against petitioner No.2-Jaswinder Singh. Moreover, petitioner no.2-Jaswinder Singh had been found innocent during investigation. Accordingly, this petition is allowed and the impugned order dated 19.1.2011 is set aside to the extent whereby petitioner No.2- Jaswinder Singh was ordered to be summoned to face the trial as an additional accused on the application moved by the prosecution under Section 319 Cr.P.C.. ( Sabina ) Judge August 09, 2011 arya