Honble Mr. Justice Rajesh Bindal

1. Challenge in the present petition is to the order dated 7.9.2011 passed by the learned court below whereby in an application filed by the complainant under Section 319 Cr.P.C., the petitioner has been summoned as additional accused to face trial in FIR No. 502 dated 13.12.2010, registered under Sections 307, 341, 34 IPC and 27 of the Arms Act at Police Station Gharaunda, District Karnal.

2. Learned Counsel for the petitioner submitted that at the time of filing of challan initially, the case of the petitioner was kept pending as the matter was still being investigated. Subsequently on investigation it was found that the petitioner was not involved. Now the court has summoned the petitioner merely on the statements of the complainant and two other witnesses, who are interested witnesses, as they belonged to the same family.

3. After hearing Learned Counsel for the petitioner, I do not find any merit in the submissions made. Besides the statement in the FIR, three witnesses have appeared before the court and got their statements recorded for prosecution. All the three witnesses have specifically named the petitioner as accused involved in the crime. They have been cross-examined by the counsel for the accused, already named, against whom the challan has been presented. They are none else but the father and brother of the petitioner. Nothing has been pointed out to show that in the cross-examination of the prosecution witnesses, any dent has been caused to their statements recorded in examination-in-chief.

4. Considering the aforesaid facts, in my opinion, no interference is called for in the impugned order. The present petition is dismissed.