- (1.) Challenge in this criminal misc. petition is to the order dated 10 th November, 2003 whereby the Additional Sessions Judge (Fast Track), Sikar dismissed the application of the petitioner-complainant filed under Section 319 of Cr.P.C.
(2.) The relevant facts necessary for the just decision of the instant criminal misc. petition are that one sessions trial was pending against the accused persons namely, Rahman Khan, Nijam Khan, Gulamanbee, Abdul Aziz and Maksud for the offences under Section 302, 302/149, 324, 324/149, 325, 325/149 and 323, 323/149, 148 and 447 of IPC. On account of the evidence having emerged against Jassu Khan and Ast Ali Khan during the statements of the eye witnesses of the case, the complainant-petitioner-Yusuf Khan filed an application on 13 th June, 2001 under Section 319 of Cr.P.C. before the Additional Sessions Judge (Fast Track), Sikar imploring that these two persons also may be ordered to be summoned to face the trial for the aforesaid offences, together with the other accused persons.
(3.) Heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned order dated 10 th November, 2003.;