LAWS(P&H)-2013-3-351

GUDDU AND OTHERS Vs. SAMAY SINGH AND ANOTHER

Decided On March 20, 2013
Guddu And Others Appellant
V/S
Samay Singh And Another Respondents

JUDGEMENT

(1.) Vide this order, the above mentioned two petitions would be disposed of as the petitioners have challenged the order dated 01.06.2011 passed by the Court of revision against the order dated 4.6.2010 dismissing the application moved by the prosecution under Section 319 of the Code of Criminal Procedure, 1973 ('Cr.P.C' for short) . Vide the impugned order, the application moved by the prosecution was allowed.

(2.) Learned counsel for the petitioners has submitted that the trial Court had erred in summoning the petitioners to face the trial as an additional accused. No specific role was attributed to the petitioners in Criminal Revision No. 1480 of 2011. Further there was no fresh material available with the trial Court to order the summoning of the petitioners to face the trial as additional accused.

(3.) Learned counsel for the respondents, on the other hand, have opposed the petitions and have submitted that the injured had suffered 18 injuries. Petitioners along with other co-accused had inflicted injuries on the person of the complainant while armed with Gandasis/ lathis.