AMIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge by way of this revision petition brought by Amit, the petitioner is to the order dated 07.09.2012 passed by learned Additional Sessions Judge, Jhajjar, vide which application under section 319 Cr.P.C. has been dismissed.

(2.) In a case registered by way of FIR No.58 dated 13.02.2011 at Police Station City Bahadurgarh, for an offence punishable under section 307 read with section 34 IPC. The police had sent Pardeep alias Mama, Nishant and Sameer to stand trial. Vide order dated 17.10.2011, learned Additional Sessions Judge, Jhajjar found prima-facie case for an offence punishable under sections 307 IPC and 25 of the Arms Act against accused Pardeep only and had found no prima-facie case against the other two. Consequently, he discharged Nishant and Sameer in the case and framed charge against Pardeep for the said offences.

(3.) Amit Kumar, the complainant appeared at the trial as PW-3 and after recording of his statement, application under section 319 Cr.P.C. was filed for summoning the aforesaid Nishant and Sameer. The said application has been dismissed by learned Additional Sessions Judge, Jhajjar, vide the impugned order.