MOHIKHARAB Vs. STATE OF HARYANA

JUDGEMENT

(1.) This revision has been filed against the order of the learned Additional Sessions Judge, Panipat, dated 26.03.2018, by which the application filed by the complainant in the FIR in question, (such application having been filed by him through the learned Assistant Public Prosecutor), under the provisions of Section 319 of the Code of Criminal Procedure, 1973, (hereinafter to be referred to as the Cr.PC or the Code), has been allowed by that court, thereby summoning the petitioner to appear before it as an accused, with the offences alleged to have been committed, as per the FIR, being those punishable under Section 307 read with Section 34 of the IPC and under Section 25 of the Arms Act.

(2.) In the FIR (dated 31.01.2017), the complainant had alleged that after an initial incident of a threat having been meted out to him by two persons (Rampal and Ved), who had so threatened by asking him to withdraw his appeal, filed under the provisions of the Right to Information Act (RTI), thereafter, about 15 days later, one Ravinder had again called out to him to withdraw his appeal, and when he turned back to answer that person, the petitioner (Mohit) shot at him with a pistol, with an intention to kill him, with the projectile from the weapon having hit him on his left arm. Thereafter, the aforesaid Ravinder is stated to have also shot at him, with the said shot hitting him on the right side of his chest.

(3.) Eventually, upon the police having conducted investigation through a Special Investigation Team constituted, a report was submitted to the competent court on 16.05.2017, only arraigning the aforesaid Ravinder as an accused, with the petitioner having been kept in column no.2 of the said report.