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Judgment
SUDHANSHU DHULIA, J. (ORAL)
Pursuant to an FIR lodged by respondent no. 2, Case Crime No. 324/2008 was registered against the accused applicants for the offences under
Sections 147, 148, 149, 452, 323, 504, 506, 324, 427 IPC in Police Station Laksar, District Haridwar. Name of the accused applicants did not figure in
the chargesheet filed after investigation. All the same, the main injured witness, who is also the complainant, in his examination-in-chief and cross-
examination has clearly named the present applicants as well. Consequently, on an application moved by the complainant, the Chief Judicial
Magistrate, Laksar exercising his powers under Section 319 CrPC has summoned the present applicants to face the trial. Aggrieved with the said
summoning order dated 21.4.2016, the accused applicants filed a revision which was dismissed by the Additional Sessions Judge, Laksar. Hence, the
present Criminal Miscellaneous Application under Section 482 CrPC has been filed by the accused applicants before this Court.
On perusing the impugned summoning order, statement of the complainant and other relevant papers, this Court is of the opinion that a prima facie
case is made out against the accused applicants. Powers have been given to the Trial Court under Section 319 CrPC to ensure inter alia that any
person against whom there is sufficient evidence, which may come later in the form of evidence during trial, must face the trial so that complete
justice is done in the matter.
This Court finds no ground to interfere in the present matter. This criminal miscellaneous application under Section 482 CrPC is hereby dismissed.
However, considering that the accused applicants were never arrested and they had cooperated during the course of investigation, the non-bailable
warrant issued against them is put in abeyance for a period of three days only in order to enable them to appear before the Court below which shall
consider these aspects while considering their bail application.
It is made clear that any observation made by this Court shall not prejudice the trial against the accused applicants.
Registry shall supply a certified copy of this order to learned Counsel for the applicants today itself on payment of prescribed charges.