Crl. Misc. No. M-762 of 2009 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
Crl. Misc. No. M-762 of 2009
Date of decision: January 22, 2009
Moti Ram Verma --- Petitioner
Versus
State of Haryana & others ---- Respondents
Before: Hon'ble Mr. Justice Rajan Gupta Present: Mr. HS Sullar, Advocate, for the petitioner. Rajan Gupta, J (Oral).
In this petition under Section 482 Cr.P.C., the petitioner
has impugned orders Annexures P3 & P4 dated 7-8-2008 and
18-11-2008 respectively, whereby his application under Section 319
Cr.P.C. for summoning additional accused was dismissed.
A case under Sections 323,341,506,34 IPC was
registered for an assault on the petitioner while he was having a walk
after dinner on 12.9.2004.
Pursuant to the FIR, investigation was conducted and
challan was submitted before the court of competent jurisdiction. The
main accused Nafe Singh,named initially by the petitioner is facing
trial before the court below.
An application was, however, moved by the prosecution
Crl. Misc. No. M-762 of 2009 2
under Section 319 Cr.P.C. for summoning additional accused on the
basis of the statement of the complainant. The said application was
rejected by the trial court on the ground on the ground that the
complainant was neither able to disclose the names of the additional
accused at the time his statement was initially recorded, nor anything
connecting those accused with the alleged incident emerged during
the investigation. The trial Court, therefore, dismissed the plea to
summon the additional accused on the ground that it was
unacceptable that the complainant had come to know the identity of
the additional accused at a later stage.
Thereafter complainant preferred a revision petition,
which was also dismissed by the revisional court observing that there
was complete lack of acceptable evidence to summon additional
accused, respondents No. 2 to 4 herein.
Counsel for the petitioner has contended that in view of
the clear cut statement of the complainant, additional accused ought
to have been summoned by the Court below. He thus impugns the
orders, Annexures P3 & P4 on the ground that the same have been
passed without appreciation of facts of the case and law governing
Section 319 Cr.P.C.
After hearing counsel for the petitioner, I am of the
considered view that there is no ground to interfere with the
impugned orders passed by the Courts below. It appears that the
petitioner has merely improved his version later on. Even if the
Crl. Misc. No. M-762 of 2009 3
petitioner suspects that respondents No. 2 to 4 had accompanied the
main accused Naffe Singh, who had allegedly attacked him, the
same cannot be sufficient ground for summoning them. Mere
suspicion in the mind of the complainant is not sufficient for
exercising the power under Section 319 Cr.P.C. to summon the
accused.
In view of the above, no ground to quash the orders,
Annexure P3 & P4 is made out. The instant petition is, therefore,
dismissed.
[Rajan Gupta]
Judge
January 22, 2009.
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