Arvind Kumar, J. - (1.) HEARD . Notice of Motion Mr. H.S. Brar, DAG Punjab accepts notice. The present petitioners have challenged the order 5.3.2008 passed by the learned Addl. Sessions Judge, Patiala vide which they have been summoned under Section 319 Cr.P.C. as an additional accused in a case arising out of FIR No.247 dated 20.10.2006, under Section 306 IPC, Police Station Sadar, Rajpura.
(2.) KEHAR Singh complainant was examined as PW.l when application under Section 319 Cr.P.C. was moved, thereupon further cross -examination of the witness was deferred, as reflected from statement Annexure P -4. Learned Counsel for the petitioners has contended that the approach of the learned trial Court is not in conformity with the latest dicta of the Hon'ble Supreme Court reported in the case of Mohd. Shaft v. Mohd. Rafiq, 2007 (2) R.C.R. 762, wherein it has been held that the Court cannot summon the person on the basis of examination -in -chief of the witness and the satisfaction of the Court can be arrived at, in -teralia, upon completion of the cross -examination of the said witness. The learned State Counsel has also not disputed the legal proposition.
(3.) IN view of this, the impugned order passed by the learned trial court cannot be sustained, in view of the dicta of the Hon'ble Supreme Court in Mohd. Shaft's case (supra). Accordingly, the instant petition is allowed and the impugned order is set aside. The court below shall proceed with the trial of the case in accordance with law and also withdraw the process issued as a consequence of the impugned order. However, the State shall be a liberty to file application under Section 319 Cr.P.C. afresh, at an appropriate stage, which shall be disposed off by the learned trial Court, without being influenced by any observation made in this order.;