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IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH

128 CRR-1318-2026 (O&M)

Date of decision : 18.05.2026

Ismail & Anr.

..... Petitioners

VERSUS

State of Haryana & Anr.

..... Respondents

CORAM: HON’BLE MR. JUSTICE SURYA PARTAP SINGH

Present: Mr. Sahil Gupta, Advocate for the petitioners.

Mr. Ramender Singh Chauhan, AAG Haryana.

*****

SURYA PARTAP SINGH, J. (Oral)

The challenge in this revision petition filed by the petitioners is

to the order dated 09.04.2026, hereinafter being referred to as ‘impugned

order’ only, passed by the Court of learned Sessions Judge Nuh, hereinafter

being referred to as ‘trial Court’ only.

2. In nut-shell, the facts emerging from record are that, that for the

commission of offence punishable under Sections 148, 149, 323, 452, 506 of

Indian Penal Code, vide FIR No.333 dated 04.06.2018, Police Station Sadar

Nuh, District Nuh, a trial is in progress in the learned trial Court. In the

abovementioned trial, an application under Section 319 Criminal Procedure

Code was filed by the prosecution, seeking for summoning of additional

accused, namely ‘Ismail’, ‘Smt. Mubeena’ and ‘Smt. Samma’. However, the

learned trial Court partly allowed the abovementioned application qua

‘Ismail’ and ‘Samma’ only. The above-named two persons, namely ‘Ismail’

and ‘Samma’, who have been summoned as additional accused, are

aggrieved of the abovementioned order. Hence, the present petition.

GAURAV THAKUR

2026.05.19 10:27

I attest to the accuracy and

integrity of this document

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3. Heard.

4. Notice of motion qua respondent No.1 only.

5. Mr. Ramender Singh Chauhan, AAG Haryana appears on

behalf of respondent-State. Hence service of notice upon the State is hereby

dispensed with

6. It has been contended by learned counsel for the petitioners that

instant case is a case of version and cross-version, and that at the initial stage

itself, by concocting a false story, the complainant had mentioned the name

of the petitioners in the FIR, but a fair investigation was conducted by the

Investigating Agency and it was found that the allegations of complainant

with regard to involvement of petitioners and ‘Smt. Mubeena’ were false

and thus, the Investigating Agency did not prosecute the petitioners and

‘Smt. Mubeena’, but during the course of trial, once the statement of eye-

witness/ complainant was recorded, an application under Section 319 CrPC

was moved by the prosecution for summoning of petitioners and ‘Smt.

Mubeena’ as additional accused.

7. It has also been contended by learned counsel for the petitioners

that at the stage, when the application under Section 319 CrPC was moved,

the learned trial Court was not inclined to exercise the discretion, rather on

that day, the decision on the abovementioned application was deferred till

the recording of statement of Investigating Officer. According to learned

counsel for the petitioners, after the recording of statement of Investigating

Officer, the abovementioned application was considered and partly allowed.

GAURAV THAKUR

2026.05.19 10:27

I attest to the accuracy and

integrity of this document

3

8. With regard to abovementioned order, it has been contended by

learned counsel for the petitioners that the impugned order has been passed

without application of judicial mind, and without looking into the fact that

the roles attributed to all the three persons, who were sought to be

summoned as additional accused, were similar, but out of three only two

have been summoned as additional accused.

9. It has also been contended by learned counsel for the petitioners

that on the basis of sole testimony of the complainant, the learned trial Court

was not inclined to allow the application under Section 319 CrPC, and that is

why, it deferred the consideration on the application till the recording of

statement of Investigating Officer. As per learned counsel for the petitioner,

in the statement of Investigating Officer, no new material had come on

record and thus, there was no occasion for the learned trial Court to summon

petitioners as additio