Daya Chaudhary, J. - (1.) The present revision petition has been filed against order dated 9.7.2011 passed by learned Additional Sessions Judge, Rewari, vide which, the order dated 18.1.2011 passed by learned Judicial Magistrate Ist Class, Rewari has been set aside.
(2.) In brief, the facts of the case are that a written complaint was made by Bimla Devi wife of Shri Rampat, on the basis of which FIR No. 40 dated 23.3.2008 under Sections 323,324,325,34 IPC was registered at Police Station Rampura, District Rewari against Saroj, Sanjog, Sujan Singh and Manisha. After registration of the said FIR, investigation was conducted by the police and it was found that as per allegations levelled by complainant-Bimla Devi against Sanjog she gave a kulhari blow on the left hand of Rampat, which was falsified from the opinion of Dr. Ashok Saini, General Hospital, Rewari. The allegation against Sujan Singh that he gave a lathi blow on the back of Rampat was also falsified from his MLR as no such injury was found in the MLR on his back. It was also found in the inquiry that a quarrel took place between complainant-Bimla and Saroj and at the time of alleged occurrence, Sanjog, Sujan Singh and Manisha were not present and they were named because of civil litigation between them. On the basis of investigation, the police found Sanjog, Sujan Singh and Manisha innocent and challan was presented against accused-Saroj only.
(3.) After presentation of challan, the public prosecutor filed an application under Section 190 Cr.P.C. for summoning the petitioners as an accused on the same set of allegations as stated in the FIR, which was subsequently withdrawn by Rampat by giving a separate statement. Thereafter, complainant-Bimla Devi and Rampat appeared as PW-1 and PW-2, respectively before the learned trial Court, complainant-Bimla Devi has again filed an application under Section 319 Cr.P.C. through the public prosecutor for summoning the petitioners as an additional accused on the same allegations. The learned trial Court dismissed the said application vide order dated 18.1.2011, against which revision petition has been filed by the complainant, which was allowed by Additional Sessions Judge, Rewari vide order dated 9.7.2011 and order of trial Court was set aside.;