(1.) THE present revision petition has been filed under Sections 397/401 along with Section 482 Cr.P.C. for quashing and setting aside the summoning order dated 24.02.2007 passed under Section 319 Cr.P.C. and the order framing charge dated 12.3.2007 passed by Ld. Additional Sessions Judge in the proceedings arising out of FIR No. 26/2006 registered under Section 302/307/147/148/149 /452/ 506 IPC at Police Station Sangam Vihar.
(2.) THE brief facts giving rise to filing of the present revision petition are:
(3.) HOWEVER , the Investigating Officer after investigating the case filed a charge sheet, wherein on the basis of a supplementary statement made by Satish Chand and statement made by one Kusum, it has been observed that there was no evidence available on record against Dr. Shiv Kumar Sharma and accordingly, the name of Dr. Shiv Kumar Sharma was kept in column No. 2 and not in column No. 4. Accordingly, the Metropolitan Magistrate concerned or the Additional Sessions Judge did not thought it appropriate to summon Dr. Shiv Kumar Sharma as an accused till such time the statement was made by Satish Chand before the trial court by appearing as PW -3. In his statement made before the trial court he has reiterated his statement made to the Police and deposed as under: