H.R. Panwar, J. - (1.) By the instant Criminal Revision Petition under Section 397/401 Criminal Procedure Code (for short The Code' hereinafter) the petitioner who is complainant has challenged the order dated 15.2.2003 passed by the Additional Sessions Judge (Fast Track), Bikaner (for short the trial court' hereinafter) in Sessions Case No 194/2001 whereby the trial court dismissed the application filed by the petitioner under Section 319 of the Code
(2.) I have heard learned counsel for the petitioner as well as the public prosecutor and the counsel appearing for the contesting respondents No. 1 to 6. Perused the order impugned and challan papers as well as the statement of witnesses recorded by the trial court during the trial of the case.
(3.) On 31.8.1997, the police registered a criminal report on the basis of Parcha Bayan Ex.P-1 of the petitioner and investigated the matter. After investigation police filed challan against the respondents No. 1 to 6 for the offences under Sections 148, 307, 323, 324 and Section 326 r/w Section 149 IPC. Respondents No. 1 to 6 were put to trial in Sessions Case No. 194/01. Vide order dated 20.8.2004 the trial court acquitted accused respondents No. 1 to 6. However, while the trial was going on, petitioner filed an application u/s. 319 of the Code on 14.11.2002. The trial court rejected the said application vide order impugned dated 15.2.2003 on merits as well as on the ground of delay. The petitioner appeared before the trial court as prosecution witness No. 1 and made his statement on 12.3.2001. Thereafter the matter was adjourned to 29.8.01, 23.10.01, 14.12.01, 6.2.02, 13.3.02: 24.4.02, 28.5.02 9.7.02 14.8.02, 11.9.02, 21.9.02, 3.10.02, 17.10.02 and 18 10.02. For all these dates, the prosecution did not seek impleadment of the additional accused sought to be tried along with the accused facing trial. However, the complainant filed an application seeking impleadment of additional accused after a lapse of about 2 years from the date of examination of the petitioner himself on the strength that he has named some other persons in the FIR and in his statement before the Court. According to the petitioner, in addition to respondents No. 1 to 6, who were challaned by the police, he also sought impleadment of Bhanwarlal, Chokharam, Rugharam, Mohanlal, Ramnarayan and Sitaram as accused to be tried With the respondents No. 1 to 6.;