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2019 Supreme(SC) 306

A.M.SAPRE, DINESH MAHESHWARI
SUGREEV KUMAR – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates Appeared:
For the Appellant :Ashok Kumar Gupta II, Advocate
For the Respondent:Jagjit Singh Chhabra, Saksham Maheshwari, Nishant Bishnoi, Ms. Srishti Prabhakar, Saurabh Ajay Gupta, Pradeep Kumar Arya, Kapil Dhaka, Rana Kunal, Chander Shekhar Ashri, Amit K. Nain, Advocates

JUDGMENT

Dinesh Maheshwari J.

Leave Granted.

2. In this appeal, the complainant-appellant has called in question the judgement and order dated 02.07.2018 in Criminal Revision Application No. 2626 of 2014 whereby, the High Court of Punjab and Haryana at Chandigarh, has upheld the order dated 24.07.2014 as passed by the Additional Sessions Judge, Fazilka in S.C. No. 9 of 14.01.2014 on an application filed under Section 319 of the Code of Criminal Procedure ('CrPC') seeking summoning of additional accused persons to stand the trial.

2.1 The sessions case aforesaid is pending trial for the offences under Sections 302, 307, 341, 34 of the Indian Penal Code ('IPC') and Sections 25, 54 and 59 of the Arms Act. By the said order dated 24.07.2014 on the application under Section 319 CrPC, the Trial Court, while partly granting the prayer of the prosecution to summon one of the accused Sonu son of Jaipal to face the trial, has dismissed the prayer for summoning the other 7 persons namely, Krishan Dev, Vikash son of Krishan Dev, Rajan, Mukesh @ Jungli, Devinder @ Veeru, Surinder Mahal and Prithvi Raj.

3. The background aspects, so far relevant for the present purpose, could be noticed, in brief, as






























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