Sandeep Mehta, J. - (1.) The instant misc. petition has been preferred by the petitioners challenging the order dated 25.6.2009 passed by learned Additional Sessions judge, Nagaur in Criminal Revision No. 71/2008 whereby he has affirmed the order dated 30.6.2008 passed by learned Judicial Magistrate Nagaur in Criminal Case No. 175/2004 summoning the petitioners as additional accused.
(2.) Succinctly stated the facts of the case are that the respondent No. 2/complainant filed an F.I.R. at the P.S. Sri Balaji on 25.8.2002 alleging inter alia that 13 persons including 2 petitioners assaulted the first informant Prem Sukh and caused him numerous injuries. The allegation made by Prem Sukh as per the F.I.R. was against Hadmanram regarding having caused barchi blow on his head and against other also having beaten him indiscriminately. On the conclusion of investigation, the police chose not to file charge-sheet against the petitioners whereas other accused were charge-sheeted.
(3.) Initially, an application under Section 319 Cr.P.C. was moved on 4.1.2007 seeking summoning of the present petitioners as additional accused in the case. The learned trial Court by order dated 30.6.2008 accepted the application filed by the prosecution and directed summoning of the accused persons as additional accused for the offences under. Sections 147, 148, 149, 323, 324 and 341 I.P.C. The aforesaid order was challenged by filing revision and the revision Court too has affirmed the order of the learned trial Court. Accordingly, the instant misc. petition has been preferred assailing the orders of the Courts below.;