The power to summon an additional accused under Section 319 Cr.P.C. is an extraordinary, discretionary power that must be exercised sparingly, requiring a degree of satisfaction higher than that for framing a charge and resting upon cogent, credible material rather than mechanical or contradictory assertions.

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AARADHNA SAWHNEY, J.

1. Challenge in the present petition is to order dated 01.08.2017 passed by the then Ld. Additional Sessions Judge, Kaithal vide which an application u/s 319 Cr.P.C moved by the prosecution, for summoning Roshan Lal and Ranbir @ Tini to face trial as additional accused, in case FIR No.25 dated 04.03.2017 u/s 148/149/302/323/342/356 IPC, PS Sadar Kaithal, Distt. Kaithal, was dismissed.

2. Relevant facts as emerging from documents on record be noticed hereinbelow:-

On 04.03.2017 a telephonic message was received in police station vide which the police authorities were intimated that a Brahman family of village Padla have murdered a young boy named Pardeep S/o Satbir Singh R/o Dillowali as also that another young boy namely Mohit S/o Randhir Singh R/o Malkheri, has been mercilessly thrashed by them. It also came to the notice of police authorities that dead body of Pardeep and injured Mohit have both been rushed to Govt. Hospital, Kaithal. Immediately thereafter, S.I. Subash along with other police officials reached hospital, collected ruqa and after seeking permission from the doctor on duty recorded the statement of Mohit, aged about 15-16 years, studying in class 9th and resident of village Malkheri. As per complainant on 03.03.2017, he along with his friend Pardeep (since deceased) S/o Satbir R/o village Dillowali were visiting village Sangan to attend wedding ceremony of elder brother of their friend Raju. He reached village Sangan at about 02:00 in the afternoon on the motorcycle bearing registration No.HR08W-8002 (make Splendor). One of friends of Pardeep, who was not known to him(c) was also attending the wedding. After attending the marriage ceremony in the late evening, on the asking of his friend Pardeep (since deceased), they headed for village Padla at about 11:000 p.m. as they had to leave Pardeep’s friend. The motorcycle was being driven by Pardeep, whose friend was dropped at his village at about 11:30 p.m. Thereafter, they halted in a street in front of the house of Neha. Pardeep who was on friendly terms called Neha, who came out of her house. While these two were exchanging notes with each other, suddenly Neha told Pardeep to leave quickly as she had noticed her paternal uncle Muni Ram coming towards them. Before they could react, Muni Ram ran up to them and also called other members of his family namely Binder, Shri Bhagwan, Sanjiv, Tini, and Roshan (sought to be summoned as co accused) etc. Immediately all the persons armed with dandas, lathis, etc. arrived at the spot and questioned them as to why they were talking with their daughter Neha. Before they could answer and explain themselves, the motorcycle was thrown down. He and Pardeep were dragged inside the house, where they were tied with ropes and later dragged to cattle shed opposite the house. They were mercilessly thrashed. Both, he and Pardeep begged for mercy and requested to pardon them, but no heed was paid. As a result of onslaught unleashed by the above named persons, Pardeep breathed his last at the site. His body was picked up and kept on a cart in the courtyard. At about 6-7 in the morning his and family members of Pardeep namely Sh. Satbir Singh (father of Pardeep), his father Sh. Randhir Singh and others arrived. They untied him and Pardeep. He was rushed to Govt. Hospital, Kaithal. Dead body of Pardeep was also taken to