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2019 DIGILAW 1272 (PNJ)

Surjit Singh @ Ajit Singh v. State Of Punjab

2019-04-29

ANIL KSHETARPAL

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JUDGMENT : ANIL KSHETARPAL, J. 1. Challenge is to the order passed by the trial Court dated 22.08.2012, summoning the petitioners under Section 319 of the Code of Criminal Procedure as additional accused. 2. Learned counsel appearing for the petitioners has submitted that petitioners no.1 and 2 have already expired and therefore, petition on their behalf has been rendered infructuous. Learned counsel appearing for respondent no.2 does not dispute this fact. 3. Learned Additional Sessions Judge, Ludhiana, has summoned the petitioners after noticing that the petitioners were specifically named in the FIR as well as statement of Nirmal Singh recorded under Section 161 of the Code of Criminal Procedure. He further reiterated this fact while appearing in the Court as PW1. 4. This Court has heard learned counsels for the parties at length and with their able assistance gone through the documents, which are part of the paper book. 5. Learned counsel appearing for the petitioners has submitted that Superintendent of Police (Detective), Ludhiana (Rural) after investigation had found that petitioners no.2 to 6 were not present on the spot at the time when the alleged occurrence took place. He further submitted that the statement of Nirmal Singh has been partly recorded and, therefore, the order passed by the learned Additional Sessions Judge, Ludhiana, is erroneous. He further submitted that the petitioners No.2 to 6 have been summoned only on the basis of oral evidence, which is also not complete as further cross-examination of Nirmal Singh was deferred on 10.01.2012. 6. On the other hand, learned counsel for respondent no.2 has submitted that the evidence and the statement of respondent no.2 has been consistent alleging involvement of petitioners no.2 to 6. He further submitted that as per the judgment passed by the Constitution Bench of the Hon’ble Supreme Court in the case of Hardeep Singh vs. State of Punjab and others, (2014) 3 SCC 92 , additional accused can be summoned even on the statement which is not complete. 7. After hearing arguments of learned counsel, this Court is of the view that there is no ground to interfere in the order passed by the learned Additional Sessions Judge, Ludhiana. The substance of the enquiry report conducted by Superintendent of Police (Detective), Ludhiana (Rural) has been reproduced in paragraph 4 of the petition. 7. After hearing arguments of learned counsel, this Court is of the view that there is no ground to interfere in the order passed by the learned Additional Sessions Judge, Ludhiana. The substance of the enquiry report conducted by Superintendent of Police (Detective), Ludhiana (Rural) has been reproduced in paragraph 4 of the petition. It is apparent from the reading of the relevant part of the report that Superintendent of Police (Detective), Ludhiana (Rural) has not given any reason and the basis while making observation that petitioners no.2 to 6 were not present at the time of incident. Evidence of Nirmal Singh is consistent at the time of registration of the FIR, at the time of recording of statement under Section 161 of the Code of Criminal Procedure as well as while appearing and deposing before the Court. 8. As regards argument of learned counsel for the petitioners that statement of Nirmal Singh is not complete, the answer has already been given by the Constitution Bench of the Hon’ble Supreme Court in the case of Hardeep Singh (supra). 9. No doubt, it has been held by the Hon’ble Supreme Court that the evidence which can be made basis to summon additional accused under Section 319 of the Code of Criminal Procedure has to be more than primafacie. However, keeping in view the facts of the present case, learned Additional Sessions Judge, has recorded cogent reasons to summon the petitioners as additional accused. 10. In view thereof, this Court does not find any good ground to interfere. 11. The present petition is dismissed.