Judgment

Mr. Harkesh Manuja, J.

By way of present petition, challenge has been made to an order dated 16.03.2022 passed by the Court of learned Additional Sessions Judge, Ludhiana, whereby, an application moved at the instance of prosecution, invoking Section 319 Cr.P.C., for the purpose of summoning of the petitioners has been allowed.

2. Facts leading to the present case are that an FIR No.61 dated 30.04.2017 was registered under Sections 302 /34 IPC and under Section 25 and 27 of the ARMS ACT , at Police Station Sadar Raikot, Ludhiana, at the instance of Gurmeet Kaur i.e. respondent No.2 herein thereby implicating the petitioners besides one Hardeep Singh for alleged murder of her father namely Shingara Singh. During investigation, based on an inquiry report dated 28.07.2017, the petitioners were placed in Column No.2, whereas, challan was presented only against Hardeep Singh. During trial, the complainant/respondent No.2 Gurmeet Kaur appeared as PW-1 being the eyewitness and in her deposition attributed specific role to the petitioners.

3. Relying thereupon, the prosecution moved an application invoking Section 319 Cr.P.C., for the purpose of summoning of the petitioners to fa