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Judgment
Amol Rattan Singh, J.—This petition has been filed challenging the order dated 7.5.2013 passed by the learned JMIC, Karnal, i.e. trial court, by which application moved by the complainant u/s 319 Cr.P.C. for summoning the petitioners has been allowed. Though this petition should have been moved at the first instance before learned Sessions Judge having concurrent jurisdiction, learned counsel for the petitioners has drawn my attention to the fact that there is actually no application of mind by the trial court before passing the summoning order, hence, the petition is being entertained by this court.
A perusal of the impugned order shows that application u/s 319 Cr.P.C. has simply been allowed in the following manner:-
Application has been moved u/s 319 Cr.P.C. by the complainant applicant. No objection appended by the accused counsel.
In view of the same, the application in hand is allowed.
Accordingly, Dinesh and Parveen are hereby ordered to be summoned to face trial in the present case for commission of offences punishable u/s. 323, 324, 326 and 506 IPC read with Section 34 IPC for 5.6.2013.
The observations made herein shall not be construed as an expression of opinion upon the merits of the case.
The application obviously seems to have been allowed simply because there was no objection to the same, by the counsel for the persons, who presently have been arrayed as accused before the trial court.
It is very well settled law that before summoning any body as an accused, on an application moved u/s 319 Cr.P.C., trial court is required to apply its judicial mind to the effect as to whether any case is made out against the persons sought to be summoned before actually summoning them.
In view of the above, impugned order dated 7.5.2013 is set aside. Trial court would consider the matter afresh and determine on merits whether the petitioners are actually necessary to be summoned or not.
It is made clear that this order will not be construed by the trial court as any opinion on merits whether the petitioners are required to be summoned or not. The petition is, accordingly, disposed of.