RASHID & ORS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present Criminal Revision Petition has been filed challenging the order dated 18.12.2010 passed by learned Additional Sessions Judge, Nuh, whereby the nine petitioners were ordered to face trial along with the accused already facing trial.

(2.) Brief facts of the case are that on the statement of Miss. Shaina daughter of Aurangzeb, FIR No. 204, dated 27.07.2007, under Sections 148, 308, 323, 324 read with Section 149 of the Indian Penal Code, was registered at Police Station Punhana, District Mewat, against seventeen persons, including the petitioners. After thorough investigation, the charge sheet was filed against five persons, namely, Asloop, Khursheed, Intejar, Jafru and Faqru only. The case was committed to the court of Session . The charges were framed by learned Additional Sessions Judge, Nuh, against five persons and, thereafter, Miss Shaina appeared as PW-1 on 19.11.2009 and on that day her examination-in-chief was recorded. The cross-examination was deferred as the learned defence counsel raised the objection of piece-meal evidence. On 25.02.2010, her cross-examination was partly recorded and for further cross-examination the case was deferred since the court time was over. Thereafter, she appeared for further cross-examination on 25.10.2010 and during that course, an application under Section 319, Cr.P.C. for summoning of the petitioners and three more persons i.e., total twelve persons was presented by the complainant, therefore, further cross-examination of PW1 was further deferred.

(3.) Learned trial court vide order dated 18.12.2010 summoned the petitioners to face trial along with persons already facing the trial. However, the application was dismissed qua Sabra, Miskina aand Khurshidkdan.