VED PARKASH AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this common judgment, I intend to dispose of CRR- 2929-2010, titled 'Ved Parkash and others vs. State of Haryana' and CRR-48 of 2011, titled 'Narender Yadav vs. State of Haryana and others', as these revisions have arisen from the order dated 30.09.2010 passed by learned Additional Sessions Judge, Gurgaon. By the impugned order, respondents no.2 to 5 in CRR-48-2011 have been discharged whereas petitioners in CRR-2929-2010 along with one Anil have been summoned under Section 319 Cr.P.C. to face trial along with co-accused, who are already facing trial, for commission of offences punishable under Sections 323, 324, 452, 307 read with Section 34 and 506 of the Indian Penal Code in FIR No.63 dated 06.04.2010, registered at Police Station Badshahpur.

(2.) For convenience, facts are being taken from CRR-2929- 2010, titled, 'Ved Parkash and others vs. State of Haryana'. I have heard learned counsel for the petitioners and perused the record.

(3.) Learned senior counsel for the petitioners in CRR-2929- 2010 and for respondents no.2 to 5 in CRR-48-2011 has contended that Narender Yadav(petitioner in CRR-48-2011) has got registered FIR No.63 dated 06.04.2010, registered at Police Station Badshahpur, under Sections 323, 324, 452, 506 and 307 read with Section 34 of the Indian Penal Code. The matter was thoroughly investigated by the police and the petitioners were found innocent. Learned counsel further contended that no specific role or injury has been attributed to the petitioners. The impugned order passed by the trial Court summoning the petitioners under Section 319 Cr.P.C. is result of non-application of mind.