RAHUL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner herein seeks to challenge the order dtd. 21/4/2017 passed by the Additional Sessions Judge, Yamuna Nagar by which the petitioner has been summoned as an additional accused in FIR No.139 dtd. 22/4/2016 registered under Ss. 367 and 120-B IPC at Police Station Farakpur on an application under Sec. 319 Cr.P.C.

(2.) In brief, the facts are that the FIR was registered on statement of one Paras Kamboj @ Robin son of Raj Kumar, caste Kamboj under Sec. 367 IPC read with Sec. 120-B IPC on the allegation that he and his relative Rahul had a meal together and thereafter, they went for a walk, when a white colour Swift Car, number of which, could be HR-05AD/1020 or 1050 came and stopped near them. One boy came out of the car and forcibly made the complainant sit inside the car. After that, two more persons came and sat in the car with him. Two more boys namely Rahul son of Kanwar Pal, caste Kamboj, resident of Rindal and Shanky s/o Mahender, caste Kamboj, resident of Nabipur were present but they did not sit in the car. His relative ran away from the spot and the complainant was taken in the car. The complainant shouted but the boys in the car strangulated him and were talking to Ankush and other boys sitting in the car. A gun was pointed at him and one boy said that "Mahender has only given Rs.5.00 lakhs to us and do not kill him for Rs.5.00 lakhs. " He was taken out of the car and given severe beatings with iron and wooden rods lying there and thereafter, he was left behind. He walked for a distance and found a person, who gave him water and informed his family members, who took him to the hospital. The reason for the rivalry is that Mahender Singh had a fight with father of the complainant and his uncle Om Parkash.

(3.) The matter was investigated and challan presented qua Ankush, Jasbir, Rohit, Rahul son of Roshan Lal, Vijay son of Ram Pal, Jasbir Rana son of Jassi, Mahender Singh son of Prabhu Ram and Rohit @ Kaka son of Krishan Singh. The statement of the complainant was recorded wherein he reiterated contents of the FIR and thereafter, an application under Sec. 319 Cr.P.C. was filed to summon the petitioner herein as an additional accused. The trial court by its order dtd. 21/4/2017 allowed the application summoning the petitioner as an accused to face trial. Aggrieved against the same, instant petition has been filed by the petitioner.