SHYAM CHAND Vs. STATE OF HARYANA & ORS

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal, by special leave, is directed against order dated 10.05.2018 passed by the High Court of Punjab and Haryana in CRR. No.4683 of 2017 whereby the High Court allowed the Criminal Revision Petition preferred by the respondents-accused and set aside the order passed by the Trial Court.

(3.) Brief facts of the case are that the appellant- complainant on 23.2.2016 lodged an FIR. against seven accused persons (including respondent nos. 2 to 5 herein) for assaulting his son, the victim. After the completion of investigation, initially first chargesheet dated 25.4.2016 was filed against three accused persons (viz. Akshay, Rohit and Mohit) and subsequently a supplementary Chargesheet was filed on 18.1.2017, which exonerated the other four accused viz., Naveen (respondent no. 2), Indra Devi (respondent no. 3), Sharanjeet (respondent no. 4) and Dharamjeet (respondent no. 5). The aggrieved complainant - appellant moved an application before the trial Court under Sec. 319 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C") to summon the respondent nos. 2 to 5 as additional accused which came to be allowed by the trial Court and consequently respondent Nos.2 to 5 were summoned to face trial. The respondents-accused challenged the same before the High Court in Criminal Revision Petition and the High Court allowed the same by the impugned order dated 10.05.2018 and set aside the order passed by the Trial Court. In turn, the complainant-appellant further carried the matter to this Court by the present appeal.