ABDUL MAJID Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The contour of the facts and material, which requires to be noticed for the limited purpose of deciding the core controversy, involved in the instant revision petition and emanating from the record is that, initially in the wake of complaint of complainant-Hansira wife of Sahabuddin, respondent No.2(for brevity "the complainant"), a criminal case was registered against the accused Farukh Ahmad, Abdul Majid, Alauddin, Abdul Rahim and Ummar Mohd. etc., by way of FIR No.126 dated 17.08.2005, on accusation of having committed the offences punishable under Sections 420, 467, 468, 471 and 323 IPC, by the police of Police Station Nagina, District Mewat, Nuh.

(2.) During the course of investigation, the police exonerated the other accused and only submitted the final police report(challan) against Abdul Rahim.

(3.) Ultimately, an application under Section 319 Cr.P.C. was moved on behalf of the prosecution, to summon the remaining accused. The trial Court only summoned Farukh Ahmad, being the beneficiary as an additional accused and dismissed the application qua summoning of accused Abdul Majid and Alauddin, by virtue of impugned order dated 12.09.2011(Annexure P-2).