KRISHAN KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Being aggrieved against the order passed by the Additional Sessions Judge, Fatehabad in setting aside the order passed by the Magistrate while summoning respondents No. 2 and 3 as an additional accused, the petitioner has filed the present petition to impugn the said order.

(2.) The petitioner is a complainant in FIR No. 579 dated 22.11.2004. As per the allegations, at about 4.00 P.M. on 21.11.2004, the petitioner was present in the fields alongwith his wife, mother and sister. They were laying pipes in the field. The brother of the petitioner, his wife and their son alongwith Bhup Singh and Om Parkash resident of Sadalpur came with common intention to the field carrying gandasi, kassi, danti, lathi etc. They came to the field of the petitioner and raised lalkara saying that they will teach a lesson for laying down the pipes in his field. Rai Saheb brother of the petitioner allegedly inflicted a gandasi blow on the head of the petitioner and Kuldeep Singh carrying kassi gave a blow on the head of the petitioner. Some allegations are made against the other persons as well. So far as case against respondents No.2 and 3 is concerned they allegedly gave lathi blows on the body of all the injured persons.

(3.) During investigation, respondents No. 2 and 3 found innocent and were not challaned and were shown in column No. 2. The challan was presented against Rai Saheb and others. The complainant appeared as a witness before the Court and gave his evidence reiterating his version given during the course of investigation. The prosecution, thereafter, moved an application under Section 319 Cr.P.C. for summoning respondents No. 2 and 3 as an additional accused. Additional Chief Judicial Magistrate, Fatehabad considered this application and passed an order summoning Bhup Singh and Om Parkash-respondents Nos. 2 and 3 respectively as an additional accused tried alongwith accused already before the Court. Respondents filed revision before the Additional Sessions Judge, who vide his order dated 05.08.2010 set aside the order passed by the Magistrate and has, thus, declined the prayer of the petitioner to summon respondents No. 2 and 3 as an additional accused. The petitioner, accordingly, has filed this petition under Section 482 Cr.P.C. to challenge the said order passed by the Additional Sessions Judge, Fatehabad.