OM PARKASH Vs. BIRENDER @ BILLU AND OTHERS

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure 1973, (Cr.P.C. for short), for quashing of the impugned orders dated 19.04.2011 and 13.07.2010, whereby the application filed by the prosecution under Section 319 Cr.P.C. for summoning respondents No.1 to 4 was dismissed by the learned Courts below.

(2.) Learned counsel for the petitioner has submitted that he may be permitted to withdraw the petition against respondent Nos.2 to 4. Accordingly, this petition is dismissed as withdrawn against respondent Nos.2 to 4.

(3.) Learned counsel for the petitioner has further submitted that so far as respondent No.1 Birender @ Billu is concerned, specific role was attributed to him. As per FIR, respondent No.1 has given iron rod blow on the left elbow of the injured-complainant-Om Parkash. However, at the time of presentation of challan, the name of respondent No.1 was kept in column No.2. During trial, prosecution had moved an application for summoning respondent No.1 as an additional accused under Section 319 Cr.P.C. The trial Court had erred in dismissing the said application vide impugned order dated 13.07.2010. Similarly, the Court of revision has also erred in dismissing the revision petition vide impugned order dated 19.04.2011.