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TMI Blog2017 (3) TMI 1883X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner- Ravinder Singh who is the complainant, it is absolutely clear that he cannot be tried along with already arraigned accused. The case could not fall within the parameters of Section 319 Cr. P.C. Petition allowed. - CRR No.4068 of 2014 - - - Dated:- 24-3-2017 - HON'BLE MR. JUSTICE A.B. CHAUDHARI Mr. R.S. Rai, Senior Advocate with Mr. Depinder Singh, Advocate for the petitioner. Mr. D.S. Virk, DAG Punjab , Mr. D.S. Bali, Senior Advocate with Mr. Akshay Jindal, Advocate for the respondent ORDER A.B. CHAUDHARI, J (Oral) The present revision petition is directed against the order dated 20.11.2014 in Sessions case No.181 of 30.08.2014 CIS No.6/2014, passed by Additional Sessions Judge (A.S.J.-I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ab and others, 2014(1) R.C.R. (Criminal) 623. Per contra, learned senior counsel for respondent No.2 vehemently opposed the petition and argued that the trial Court has given sound reasons for exercising power under Section 319 Cr. P.C. against the petitioner/complainant. According to him, Section 319 Cr. P.C. does not create bar or provision for summoning the complainant himself as an accused, if there is a material on record, may be in the form of defence evidence or as the case may be showing the complicity of the complainant himself. According to him, there is evidence on record to show that the pistol that was used for firing shot belong to the petitioner and therefore, the trial Court did not make any mistake in allowing the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r as an accused who has been discharged is concerned the requirement of? Sections 300 and 398 Cr.P.C. has to be complied with before he can be summoned afresh. Looking at the back at the case at hand, the petitioner- Ravinder Singh who is the complainant, it is absolutely clear that he cannot be tried along with already arraigned accused. The case could not fall within the parameters of Section 319 Cr. P.C. Upshot of the above discussion is that the present petition must succeed. In the result, following order is passed: ORDER (i) CRR No.4068 of 2014 is allowed; (ii) Impugned order dated 20.11.2014 in Sessions case No.181 of 30.08.2014 CIS No.6/2014, passed by Additional Sessions Judge (A.S.J.-III), Ferozepur, by which the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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