- (1.) This petition has been filed under Section 401 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) challenging order dated 10.2.2011 passed by the Court of revision, whereby the application under Section 319 Cr.P.C., for summoning of respondents No.2 to 7, was dismissed.
(2.) FIR in question was registered on the basis of the statement of Malkiat Singh. After investigation of the case, challan was not presented against respondent Nos. 2 to 7 but was presented against their co-accused. During the pendency of the trial, prosecution moved an application under Section 319 Cr.P.C. for summoning respondents No.2 to 7 to face the trial as additional accused . Trial Court allowed the said application vide order dated 10.5.2010 (Annexure P-1). In revision, filed by respondents No.2 to 7, the said order was set aside by the Court of revision vide impugned order dated 10.2.2011. Hence, the present petition. After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be dismissed.
(3.) In the present case, the FIR in question was lodged during panchayat elections. Although respondents No.2 to 7 are named in the FIR but no specific role has been attributed to them. The said respondents were found innocent during investigation.;