MUKESH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order shall dispose of Criminal Revision No.3800 of 2013 (Mukesh Chand v. State of Haryana and others) and Criminal Revision No.654 of 2014 (Subrati v. State of Haryana and others) since identical issue is involved in these two revision petitions.

(2.) CHALLENGE in Criminal Revision No.3800 of 2013 is to the order dated 15.10.2013 passed by the learned Additional Sessions Judge, Nuh, whereby an application filed under Section 319 of the Code of Criminal Procedure moved by the prosecution/complainant for summoning respondents No.2 to 10 has been dismissed.

(3.) BRIEFLY noticed, FIR No.130 dated 10.7.2009 was registered at Police Station Nagina under Sections 148, 149, 323, 325, 324, 326, 506 and 307 of the Indian Penal Code on the complaint of the present petitioner with regard to a murderous assault having allegedly been committed by respondents No.2 to 10 and their accomplices. Serious injuries were stated to have been caused to 12 persons. Injuries suffered by Ram Dayal were stated to have been declared dangerous to life. Even injuries suffered by Deep Chand, Bhim Singh and Rohtash were opined grievous in nature. In the application filed under Section 319 of the Code of Criminal Procedure seeking the summoning of respondents No.2 to 10 as additional accused, it was stated that their names figured in the FIR which had been registered without any undue delay and even specific roles had been assigned to them. However, it was contended that the police had colluded with the accused side and the names of respondents No.2 to 10 were kept in column No.2 in the final report submitted under Section 173 of the Code of Criminal Procedure.