VIKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) - CRM-28562 of 2015 There is delay of 11 days in filing this revision petition. Application is allowed as per the grounds mentioned therein and delay of 11 days in filing this revision petition is condoned. CRR-3259 of 2015

(2.) The present revision petition has been filed to challenge the impugned order dated 21.05.2015 passed by learned Additional Sessions Judge, Bhiwani, whereby application filed by the prosecution under Sec. 319 Crimial P.C. for summoning the persons, namely, Smt. Balto, Anil, Mukesh, Smt. Suresh, Chhatar Singh and Kesar Devi as additional accused to face trial in case FIR No.77 dated 09.03.2014 registered under Sec. 304-B of Indian Penal Code at Police Station Tosham, has been dismissed.

(3.) Learned counsel for the petitioner submits that the impugned order has been passed illegally and the same is contrary to the material evidence available on record. The local Police was hand in gloves with the accused persons and only accused-Mukesh was arrested and other persons against whom specific allegations were there, have been exonerated during investigation. Learned counsel also submits that there were not only specific allegations in the statement recorded under Sec. 161 Crimial P.C. and under Sec. 164 Crimial P.C. but specific roles were also assigned in the statements of other witnesses. The allegations against persons sought to be summoned were the same as against accused-Mukesh, which is clear from the statement of the complainant still application moved under Sec. 319 Crimial P.C. has been dismissed.