JUDGMENT :

Anil Kshetarpal, J.

Short question which arises for determination is:-

"Whether a witness who has been examined by the prosecution can be summoned as an accused under Section 319 Cr.P.C.?

2. Some facts are required to be noticed.

3. Sant Lal had died on 16.11.2005. He had left behind 5 sons, 3 daughters and a widow. Pyare Lal, who is alleged to be a practicing advocate had allegedly forged a Will dated 15.08.2005 of his father. A complaint was filed by another son Raghbir Singh of Sant Lal alleging that a fake/forged Will has been set up by Pyare Lal. In the aforesaid criminal complaint, preliminary evidence was recorded in which Subhash Soni was examined as PW1. Subhash Soni is alleged to have worked as a Clerk with Pyare Lal, Advocate at the relevant time. On the aforesaid statements of Subhash Soni, other witnesses and judgment of the Civil Court, declared that the will in question is fake/forged Will.

4. Learned Judicial Magistrate Ist Class summoned Pyare Lal vide order dated 22.02.2013. Revision filed against the order of summoning was dismissed by the learned Additional Session Judge, Hissar, vide order dated 03.03.2015.

5. During the pendency of the trial, Pyare Lal,