Sabina, J. - (1.) PETITIONERS , by way of this petition, have challenged the order dated 3.11.2010 passed by the Additional Sessions Judge, Fast Track Court, whereby they were ordered to be summoned to face the trial under Sections 307, 326, 324, 34 of the Indian Penal Code, 1860 on an application moved by the prosecution under Section 319 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short).
(2.) LEARNED Counsel for the Petitioners has submitted that there was No. material available before the trial Court warranting summoning of the Petitioners to face the trial along with the accused, who were already facing the trial. Learned State counsel on the other hand, has submitted that from the testimony of PW -2 Didar Singh, it was evident that the Petitioners were also present at the spot and had participated in the alleged crime.
(3.) AFTER hearing learned Counsel for the parties, I am of the opinion that the present petition deserves to be allowed. Section 319 Code of Criminal Procedure 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 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.;