- (1.) Instant criminal revision has been filed under Section 401 of the Code of Criminal Procedure challenging the order dated 13.06.2014 passed by learned Additional Sessions Judge, Yamuna Nagar at Jagadhari whereby petitioners have been summoned under Section 319 Cr.P.C. to face trial along with co-accused, who are already facing trial, for commission of offences punishable under Sections 148, 149, 323, 506, 341 and 307 IPC. I have heard learned counsel for the petitioners and perused the record.
(2.) Learned counsel for the petitioners contends that respondent has got registered FIR No.78 dated 19.06.2012, under Sections 148, 323, 341, 506 and 307 read with Section 149 IPC. The matter was thoroughly investigated by the police and the petitioners were found innocent. Learned counsel further contends that no specific role or injury has been attributed to the petitioners. The impugned order passed by the trial Court summoning the petitioner under Section 319 Cr.P.C. is result of non-application of mind. I have considered the contentions of learned counsel for the petitioners.
(3.) It has been held by the Hon'ble Apex Court in Suman Vs. State of Rajasthan and another, 2010 1 SCC 250as under:- "A reading of the plain language of Section 319(1) Cr.P.C. makes it clear that a person not already an accused in a case can be proceeded against if in the course of any inquiry into or trial of an offence it appears from the evidence that such person has also committed any offence and deserves to be tried with other accused. There is nothing in the language of Section 319(1) Cr.P.C. from which it can be inferred that a person who is named in the FIR or complaint but against whom charge sheet is not filed by the police, cannot be proceeded against even though in the course of any inquiry into or trial of any offence the court finds that such person has committed any offence for which he could be tried together with the other accused. The process issued against the appellant under Section 319 Cr.P.C. cannot be quashed only on the ground that even though she was named in the complaint, the police did not file charge-sheet against her. A person who is named in the FIR or complaint with the allegation that he/she has committed any particular crime or offence, but against whom the police does not launch prosecution or files charge-sheet or drops the case, can be proceeded against under Section 319 CrPC if from the evidence collected/produced in the course of any inquiry into or trial of an offence, the court is prima facie satisfied that such person has committed any offence for which he can be tried with other accused. The Magistrate had objectively considered the entire matter and judiciously exercised discretion under Section 319 Cr.P.C. for taking cognizance against the appellant. The issue of summons against the appellant was not an abuse of the process of the court.";