(1.) The present petition has been filed under Section 482 Cr.P.C. for quashing of the order dated 24.08.2018 (Annexure P-11) passed by the learned Additional Sessions Judge, Kurukshetra, whereby an application filed by complainant-Ashok Kumar (petitioner No.3) under Section 319 Cr.P.C., has been dismissed, qua respondents No.2 and 3.
(2.) In the present case, FIR No.246 dated 20.12.2016, under Sections 148, 149, 323, 427, 452 and 506 IPC, was initially registered and Section 307 IPC was added later on. During investigation, accused-Amit Kumar, Virender Singh, Dayanand, Dharam Raj, Ram Dayal, Rajinder Singh and Mohinder Singh were arrested, whereas Vikas, Raj Kumar and Nirmal were found innocent and accordingly, the charge-sheet was filed.
(3.) The Hon'ble Supreme Court in Shiv Prakash Mishra Vs. State of Uttar Pradesh and another 2019 (5) R.C.R. (Criminal) 946, has held as under: