VISHAL AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) INSTANT petition has been filed under Section 482 of the Code of Criminal Procedure (in short, 'the Code') for quashing of order dated 09.04.2014 (Annexure P -8) passed by the Judicial Magistrate Ist Class, Yamunanagar at Jagadhri whereby application under Section 319 of the Code moved by the prosecution for summoning the petitioner as additional accused has been allowed and the petitioner has been summoned as additional accused to face trial along with co -accused and order dated 04.09.2014 (Annexure P -9) passed by the Additional Sessions Judge, Yamunanagar at Jagadhri whereby revision preferred by the petitioner has been dismissed.

(2.) BRIEF facts of the case are to the effect that complainant -Rajan Aggarwal moved an application that he is resident of Mustafabad and owns ancestral property in Anaj Mandi, Mustafabad. On 27.06.2007, all the accused persons started filling earth on the said land and when resisted, then they inflicted injuries to him. On the application moved by complainant Rajan Aggarwal, DDR No. 19 dated 29.06.2007 was entered in the daily diary register. The petitioner party also got registered FIR No. 122 dated 29.06.2007, under Sections 323/325/506/34 of the Indian Penal Code (in short, 'IPC') against complainant party in DDR at Police Station Chhapar. Investigation was set into motion in the FIR and DDR version.

(3.) AFTER examination -in -chief of PW5 complainant -Rajan Aggarwal, the prosecution filed application (Annexure P -7) under section 319 of the Code for summoning of the petitioner as an additional accused to face trial along with already arrayed accused. The said application was allowed vide impugned order dated 09.04.2014 (Annexure P -8). Feeling aggrieved, the petitioner filed revision which has been dismissed vide impugned order dated 04.09.2014 (Annexure P -9). Hence, this petition.