SAHIDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for setting aside the order dated 5.11.2019 passed by the Additional Sessions Judge, Mewat, vide which the application under Section 319 Cr.P.C. filed by the petitioner/prosecution for summoning respondents No.2 to 18 as additional accused in FIR No.114 dated 22.5.2017 under Sections 148, 323, 307, 506 read with Section 149 IPC, registered at Police Station Pinguwan, was dismissed.

(2.) Counsel for the petitioner has submitted that as per the allegations in the FIR, registered at the instance of Sahida, 23 persons, including respondents No.2 to 18, and 06 accused, namely Sattar, Isra, Mehboob, Mommen, Akbar and Jaan Mohd, who are facing the trail, were nominated as an accused. The contents of the FIR reads as under: -

(3.) While conducing the investigation, the police submitted the report under Section 173 Cr.P.C. against the aforesaid 06 persons, while not presented the challan against respondents No.2 to 18 as they were stated to be found innocent. Thereafter the charges were framed and the prosecution in its evidence recorded the statement of complainant Sahida, who appeared as PWl and he has duly supported the version given in the FIR. Counsel for the petitioner has further stated that one of the injured witness-Aabid. was examined as PW7 and he, apart from naming these 06 witnesses, who are facing the trial, has also named the other accused persons who were present at the spot. Similar is the statement of PW10 Aamin, who also given a version as given by PW6 Aabid. Counsel for the petitioner has further stated that in the statement recorded by these two witnesses under Section 161 Cr.P.C. specific allegation and injuries are attributed to respondents No.2 to 18.