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MANJARI NEHRU KAUL
Kamlesh Devi – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. challenge to summoning order (Para 1) |
| 2. petitioners claim false implication (Para 2 , 3) |
| 3. respondent's counterarguments on fir (Para 4) |
| 4. supreme court's observations on section 319 cr.p.c. (Para 5 , 6) |
| 5. purpose and implications of section 319 cr.p.c. (Para 7 , 8 , 9) |
| 6. court's order dismissing the petition (Para 10 , 11) |
Judgment
Mrs. Manjari Nehru Kaul, J.
The instant revision petition has been filed challenging the order, dated 17.10.2018, passed by the Court of learned Additional Sessions Judge, Gurugram, in case SC/34 of 2018 titled as ‘State Vs. Laxmi Narain etc.’ arising out of FIR No.287 dated 22.09.2017 under Sections 148 , 149, 302, 323, 452 and 506 of the IPC registered at Police Station Farrukh Nagar, Gurugram, vide which an application filed under Section 319 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) by the prosecution to summon the petitioners to face trial as additional accused was allowed.
2. Learned counsel appearing for the petitioners has argued with vehemence that the impugned order is patently illegal and thus deserves to be set aside as the Trial Court failed to appreciate that the petitioners had been declared innoce
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