JUDGEMENT
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(1.)Feeling aggrieved against the impugned order dated 10.10.2013 passed by learned Additional Sessions Judge, Ferozepur, whereby order dated 21.05.2013 passed by learned Judicial Magistrate 1st Class, Ferozepur, allowing the application under Section 319 of the Code of Criminal Procedure ('Cr.P.C.' for short), summoning Jaswinder Kaur @ Bholi, was set aside, allowing the revision petition filed by Jaswinder Kaur @ Bholi, complainant has approached this Court by way of instant petition under Section 482 Cr.P.C., for setting aside the impugned order.
(2.)Notice of motion was issued and pursuant thereto, reply by way of affidavit dated 26.04.2014 was filed.
(3.)Learned counsel for the petitioner submits that learned trial Court has rightly passed the order dated 21.05.2013 under Section 319 Cr.P.C., summoning Jaswinder Kaur @ Bholi as additional accused to face the criminal trial. Said order was based on correct appreciation of facts as well as the relevant provisions of law. However, since the learned Additional Sessions Judge misdirected himself, while passing the impugned order, the same was not sustainable in law. Learned counsel for the petitioner further submits that there was sufficient evidence available on the record, which was enough to make out a prima facie case aginast Jaswinder Kaur, to summon her as an additional accused. Learned Additional Sessions Judge was exercising his limited jurisdiction, while deciding the revision petition and no interference was warranted at the hands of learned Additional Sessions Judge, because of which the impugned order was liable to be set aside. He prays for allowing the present petition, by setting aside the impugned order.
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