- (1.) By way of present revision, the petitioner has challenged the order dated 14.9.2015, passed by the learned Additional Sessions Judge, Hisar, vide which his application filed by the petitioner under Section 319 Cr.P.C. for summoning Om Parkash, Vinay Kumar, Lalit Kumar, Parveen Kumar and Om Parkash Pahari as additional accused, has been dismissed. Briefly stated, FIR No. 864, dated 2.9.2009, was registered at Police Station Sadar, Hisar, under Sections 326, 325, 323, 148, 149, 506 IPC on the statement made by Ram Niwas. While talking about his civil and criminal cases pending against, Om Parkash son of Amar Singh (respondent), it is stated that on 2.9.2009, at 7:00 AM, Ram Niwas alongwith Ranvir Singh Saini, Advocate, left their respective houses for morning walk in front of Bostal Jail and Commissioner's residence towards Mini Secretariat Colony. When they reached little ahead of Commissioner's residence, Manoj Kumar Kataria, Advocate, and Balbir SIngh Chamar met them and they started talking to each other. Ranvir Singh moved 10/15 steps ahead. Then, Om Parkash, his son Vinay, Om Parkash Pahari and Ajit Sehrawat in one Swift car of cream colour, bearing registration No. HR- 26AP-0034 and four other unidentified boys on two motorcycles came from behind and alighted near Ranvir Singh, Advocate and attacked him with kulhari (axe), rods and lathis, which they were carrying with them. Ranvir Singh fell on the road. Om Parkash gave kulhari (axe) blow on the head of Ranvir and as Ranvir tried to ward of the blow, it hit his left arm. Vinay gave iron rod blow on right leg and head of Ranvir Singh. Ajit Sehrawat and Om Parkash Pahari alongwith other companions started giving rod, lath and sticks blow on the left and right legs and other parts of the body of Ranvir Singh. Ram Niwas and Manoj Kumar, Advocate, tried to save Ranvir Singh, but Vinay and Om Parkash were repeatedly saying that till Ranvir is not killed, he will not abandon the court cases. When noise was raised, all the accused fled away with their respective weapons, car and motorcycles. Thereafter, Ram Niwas arranged for a car and he alongwith Manoj Kumar, Advocate, got Ranvir Singh admitted in Lifetime Hospital, where the doctor started treating the injured. Ram Niwas had gone to City Hisar for arranging the blood. Later on, he approached the police and made statement on 2.9.2009 itself.
(2.) The police, after recording the statement, recorded the proceeding that when they reached the hospital, Ranvir was unfit to make the statement. X-ray of the injured was obtained from the doctor. The family of the injured was contacted and after waiting for some time, Ram Niwas (complainant) got recorded his statement, on the basis of which the FIR in question was recorded. It comes out that the police, after conducting the investigation, presented the challan against four persons, namely, Pawan son of Geenu Ram, Sonu son of Dhoop Singh, Ajeet Singh son of Kartar Singh and Satbir son of Jai Lal after adding offence under Section 307 IPC. I have heard the learned senior counsel for the petitioner, the learned State counsel, the learned senior counsel for respondents No. 2 and 3, the learned counsel for respondents No. 4 to 6 and have also carefully gone through the case. First of all, the undisputed history of the case is required to be noticed. It is not disputed that when the challan was presented in the year 2010 before the lower Court, the complainant having not satisfied with the same, had moved an application under Section 190 (b) Cr.P.C. before the Court on 5.5.2010 for taking cognizance against four accused, who were not chargesheeted. The said application was dismissed on 14.8.2010. The criminal petition (CRM-M-29602 of 2010) filed against said order before this Court was withdrawn on 6.3.2012. It further comes out that the complainant filed a criminal complaint before the learned Illaqa Magistrate on 15.11.2010. The same was dismissed on 6.10.2014 and the revision against the same is stated to be still pending before the Court of the learned Additional Sessions Judge, Hisar. Then, an application was filed under Section 319 Cr.P.C. on 2.11.2011 after Ranvir Singh was examined as PW1.
(3.) The prayer was made for summoning the present respondents. The said application was dismissed by the learned Additional Sessions Judge, Hisar, on 5.10.2013, vide speaking order (Annexure-P-18). The revision (CRR- 585-2014), filed against the said order before this Court was dismissed as withdrawn 'at this stage' on 21.5.2014. It also comes out that after some witnesses were examined, another application under Section 319 Cr.P.C. was filed on 13.11.2014 for summoning Balraj, Satpal and Parmesh as additional accused for being conspirators. The said application was disposed of by the learned Additional Sessions Judge, Hisar. The same was partly allowed on 13.11.2014 as the application qua Parmesh was dismissed. However, Balraj and Satpal were summoned as additional accused under Section 319 Cr.P.C., which means that at present, six accused are facing the trial. The matter did not rest here. After Ranvir Singh (injured) was reexamined, after the summoning of additional accused and two eye witnesses, Ram Niwas and Manoj Kumar were examined, the present application was filed on 6.8.2015, which was dismissed by the learned Additional Sessions Judge, Hisar, vide impugned order dated 14.9.2015. It is against this order that the complainant has come up in the present revision.;