The power under Section 319 Cr.P.C. is extraordinary and should be exercised sparingly, requiring strong evidence against the accused.

JUDGMENT :

(Rajesh Bhardwaj, J.)

The petitioner has approached this Court impugning the order dated 09.05.2018 passed by learned Additional Sessions Judge, Jalandhar, whereby, order dated 13.11.2017 passed by learned JMIC, Jalandhar was set aside and trial Court was directed to pass a fresh order on the application filed under Section 319 Cr.P.C.

2. Succinctly facts of the case are that respondent No.2 lodged an FIR with the Police on the allegations that he retired from Army and wanted his son Parminder Singh to be settled, who had passed 10+2. Lakhvir Singh @ Lakha was married in their village, hence, he was acquainted with him. Lakhvir Singh @ Lakha took his son Parminder Singh in confidence by alluring him to be appointed in Merchant Navy. On 16.06.2011, Lakhvir Singh @ Lakha and his wife Paramjit Kaur @ Baby came to his house and took Rs.3 lacs advance on the pretext of appointing his son in Merchant Navy. In all, he paid Rs.7,80,000/- to them. However, neither his son was appointed in Merchant Navy nor any money was returned to him. Thus, request was made to take legal action against both the accused. On completion of investigation, the Police found the allegations against the petitioner Paramjit Kaur @ Baby having been not substantiated and thus, filed the challan only against her husband Lakhvir Singh @ Lakha. On the framing of charges against co-accused Lakhvir Singh @ Lakha, trial commenced. During the trial the prosecution filed an application under Section 319 Cr.P.C. for summoning petitioner Paramjit Singh @ Baby to face the trial alongwith co-accused. On hearing, the trial Court found no merit in the application and thus, dismissed the same vide order dated 13.11.2017. Aggrieved by the same, respondent No.2 filed a revision petition before learned Additional Sessions Judge, Jalandhar, who after hearing both the sides, found the order passed by the trial Court to be unsustainable and thus, set aside the same with direction to the trial Court to pass a fresh order on the application filed under Section 319 Cr.P.C., vide impugned order dated 09.05.2018. Hence, aggrieved by the same, the petitioner is before this Court by way of filing the present revision petition.

3. Learned counsel for the petitioner has vehemently submitted that the allegations made by respondent No.2-complainant are totally motivated and general in nature. It is submitted that the prosecution examined three witnesses i.e. complainant -Amrik Singh as PW-1, Pawandeep Kaur daughter of complainant as PW-2 and Kashmir Kaur wife of complainant as PW-3. It is submitted that during the investigation, the allegations made in the FIR against the petitioner could not be substantiated and thus, the petitioner was found innocent by the Investigating Agency. He submits that the prosecution filed an application under Section 319 Cr.P.C. for summoning the petitioner, however, the same being without any merit was dismissed by the trial Court. He submits that however, learned revision Court has fallen in error in setting aside the well reasoned order passed by learned trial Court. He submits that as per the settled proposition of law, summoning under Section 319 Cr.P.C. cannot be in a casual or cavalier manner. He has submitted that the statutory power under Section 319 Cr.P.C. is an extraordinary power, which is there to prevent the miscarriage of justice, however, learned revisional Court has failed to appreciate the same and also the law settled by Hon’ble Supreme Court in case of Hardeep Singh vs. State of Punjab and others, (2014) 3 SCC 92 and thus, passed the impugned order, which is unsustainable in the eyes of law and deserves to be set aside.

4. Learned counsel for respondent No.2 has opposed the submissions made by counsel for the petitioner. He has submitted that respondent No.2 has made specific allegations against the petitioner and her husband. Both of them had allured the son of respondent No.2 for providing him job in Merchant Navy. It is submitted th