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Judgment
Prafulla C. Pant, J.—Supplementary affidavit filed on behalf of the Petitioner be taken on record.
Heard.
By means of this petition, moved u/s 482 of Code of Criminal Procedure,1973, the Petitioner has challenged the order dated 16.06..2011, passed by Additional Sessions Judge/V Fast Track Court Dehradun, in Sessions Trial No. 124 of 2010, whereby said court has summoned the Petitioner to face the trial, by exercising powers u/s 319 of Code of Criminal Procedure
Learned Counsel for the Petitioner submitted that Petitioner Soniya @ Sneh Nain is sister in law (NANAD) of the deceased. It is further submitted that after investigation charge sheet was filed by the Investigating Officer against only two accused i.e. husband and mother in law. However, the trial court has summoned the Petitioner by exercising powers u/s 319 of Code of Criminal Procedure It is pleaded before this Court, that the powers u/s 319 of Code of Criminal Procedure, should not be exercised lightly. The same are required to be exercised sparingly, else any witness can improve the case to add name of any one at any stage in the trial to abuse the powers u/s 319 of Code of Criminal Procedure
Admit the petition.
Learned Counsel for the state prays for and is allowed four weeks time to file the counter affidavit.
Issue notice to Respondent No. 2 Naresh Kumar, who may also file his counter affidavit within a period of four weeks.
Having considered submissions of learned Counsel for the Petitioner, and learned Counsel for the State, after going though the impugned order, as an interim measure, it is directed that operation of order dated 16.06.2011, passed by Additional Sessions Judge/V Fast Track Court Dehradun, in Sessions Trial No. 124 of 2010 is stayed. However, it is clarified that the trial as against the accused named in the charge sheet, is not stayed.
List after four weeks.