Research › Search › Judgment

Punjab High Court · body

2000 DIGILAW 142 (PNJ)

Sharamjit Singh v. State of Punjab

2000-02-04

N.C.KHICHI

body2000
ORDER N.C. Khichi, J. - This Criminal Revision Petition has been filed against the order dated 27th April, 1999 passed by the learned Additional Sessions Judge, Gurdaspur under Section 319 Criminal Procedure Code on an application moved by the Public Prosecutor whereby the petitioners were ordered to be summoned as accused to face trial in a State case. 2. Learned counsel for the petitioners has assailed the impugned order on the ground that it is lacking with regard to which offences the petitioners have been summoned by the learned Additional Sessions Judge. There appears to be merit in this contention. 3. I have perused the impugned order. In the last para of the order, it is mentioned that the petitioner took part for committing the crime and they were ordered to be summoned as accused in the case for 2.6.1999. There is no indication as to under which provisions of the law, the petitioners had committed the offence. In Kamaljit Kaur & anr. v. State of Punjab, 1998(2) C.L.R. 49, it has been held that the Court, in order to exercise its powers under Section 319 Criminal Procedure Code must disclose in the order that a particular offence had been committed by the persons not before him and for that reason they should be tried alongwith the accused already present. It has been further held that there is an object of law behind this proposition because such orders are passed at the back of the persons who have been summoned. The aggrieved persons have the right to approach the Court by making a prayer that the summoning order requires re-examination. The persons summoned should be apprised of the offence allegedly committed by them. The impugned order dated 27th April, 1999 is, thus, lacking in this respect. 4. In view of what has been stated above, this Revision Petition is allowed and the impugned order dated 27th April, 1999 is set aside with the observation that it will be open to the learned trial Court to pass fresh order in the facts and circumstances of the case according to Section 319 Criminal Procedure Code Revision allowed.