TAJ MOHAMMAD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present criminal revision has been preferred by the revisionists, wherein, they have questioned the order dtd. 22/6/2019 as passed by the 4th Additional Sessions Judge, Haridwar, in Sessions Trial No. 73 of 2013 'State vs. Naushad and Others', whereby, the Sessions Court has allowed the application preferred by the respondent no. 2, i.e. the complainant under Sec. 319 of Cr.P.C. and has summoned the revisionists to face the trial.

(2.) The brief facts, which have emerged from the documents, which has been brought on record are that an FIR was instituted being FIR No.233/2015, which was registered as Case Crime No. 278 of 2015, alleging the commission of an offence under Ss. 147, 148, 149, 302, 323 and 324 of IPC. In the FIR thus lodged on 12/11/2015 in the list of the accused persons the name of the present revisionists appears as to be one of those accused persons, who were involved in the commission of the said offence had major role to play in it. However, the investigation as carried by the Investigation Officer in pursuance to the said FIR dtd. 12/11/2015, the Investigating Officer has submitted a chargesheet against the accused persons being Chargesheet No. 2/2016 dtd. 5/1/2016, and as a consequence of the submission of the chargesheet, name of the present revisionists have been excluded from the list of the accused persons, who are shown to be involved in the commissioning of the said offence.

(3.) On submission of the chargesheet before the Sessions Court, the cognizance has been taken on the same and the trial has commenced as Sessions Trial No. 73 of 2016 'State vs. Naushad'. While the Sessions Trial was pending consideration an application has been filed by the complainant on 26/2/2019, wherein, he has been prayed for that in view of the statement, which has been recorded by the injured Salman under Sec. 161 of Cr.P.C. he has shown the involvement of Farman, who is said to have been equipped with lathi and Mr. Taj Mohammad, who is said to be equipped with Ballam (spear), who had been otherwise named in the FIR, but they were not included in the chargesheet.