Gurdeep Singh vs State Of Punjab

Leave granted.

The High Court has by its impugned order dated 1 April 2013 dismissed a criminal revision against an order of 7 May 2012 by which the petitioner was summoned under Section 319 of the Code of Criminal Procedure 1973 ("Cr.PC").

On 2 May 2005, an FIR was registered under Sections 302, 148 and 149 of the Penal Code. After registration of the FIR, a challan was presented as against ten persons. Charges were framed.

At that stage, the name of the appellants appeared in Column No. 2, after investigation. An application was moved for summoning the appellant(s) and two others on which an order was passed under Section 319 by the Additional Sessions Judge, Gurdaspur, allowing the application.

Aggrieved by the order, a revision was filed before the High Court which was dismissed. In proceedings under Article 136 of the Constitution of India, this Court delivered its judgment which is reported in Sarabjit Singh and Another vs. State of Punjab and Another (2009) 16 SCC 46.

While setting aside the judgment of the High Court, this Court remitted the matter back to the learned Additional Sessions Judge for consideration afresh.

After remand, the prosecution moved another application under Section 319 Cr.PC.

The Additional Sessions Judge once again dismissed the application under Section 319 Cr.PC on 24 February 2010. After the statement of the complainant was recorded, another application was moved under Section 319 which was allowed on 9 April 2012.

Against the aforesaid order, the criminal revision was dismissed by the High Court on 30 April 2013.

Notices were issued in these proceedings on 13 September 2013 and 2 January 2014 and there was a stay of proceedings pending before the Additional Sessions Judge in the Sessions Trial insofar as the appellants are concerned.

During the course of the hearing, the Court has been apprised of the fact that by a judgment dated 8 October 2018 of the Additional Sessions Judge, Gurdaspur in Sessions Case No. 78/2005, all the accused have been acquitted. A copy of the judgment has been placed on the record.

Having regard to the aforesaid factual background, the present appeals have become infructuous.

The criminal appeals are, accordingly, disposed of.

We, however, clarify that in the event that an appeal is filed against the judgment of the Sessions Court, it would be open to the State to pursue its remedies in accordance with law.

Pending application(s), if any, shall stand disposed of.