JAHID HASSAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed against the impugned order dated 02.09.2011, vide which application filed by the prosecution under Section 319 of the Code of Criminal Procedure (for brevity 'the Code') has been allowed and the petitioner has been summoned as an additional accused.

(2.) Briefly, the facts of the case as mentioned in the revision petition are that the complainant and his family members were in illegal possession of Shamlat Deh which belongs to Gram Panchayat and who wanted to construct a Dharamshala on the said land.

(3.) Demarcation was done by BDO on 15/16.05.2010. Some dispute also arose at the time of demarcation. Complainant party lodged a complaint against the accused persons including the present petitioner and accordingly FIR No.59 dated 27.05.2010 under Sections 148, 149, 323, 506, 436 and 429 IPC was registered against the accused persons. After investigation, the challan was filed against respondents No.2 to 10 but the petitioner was found innocent. All the accused persons were charge sheeted under Sections 148, 149, 323, 506, 436 and 429 IPC. After recording statement of complainant, an application was moved by the prosecution under Section 319 of the Code which was allowed and present petitioner was summoned as an additional accused vide order dated 02.09.2011. The order of summoning of the petitioner is under challenge in the present revision petition.