KAVI RAJ Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dated 01.08.2017 (Annexure P5) passed by the Revisional Court vide which, the order dated 02.05.2017 (Annexure P4) passed by the trial Court allowing the application under Section 319 of the Code of Criminal Procedure (in short 'Cr.P.C.'), summoning respondent No.2 as an additional accused, was set-aside.

(2.) Brief facts of the case are that on 21.01.2014, the petitioner/complainant was present at his house and was getting the construction work done when Rajbir Ex. MC, his two sons namely Jasbir and Pankaj along with Narinder Master (respondent No.2) and one Bhag Singh @ Rakesh M.C., came in two vehicles along with 7-9 persons. All of them were armed with weapons. 02 of them were carrying revolvers and rest were carrying baseball bat, gandasi and swords. The accused persons started abusing the petitioner and gave beatings to him. On the basis of the complaint given by the petitioner, the FIR No.59 dated 21.01.2014 was registered under Sections 148, 149, 323, 324, 506 of the Indian Penal Code (in short 'IPC'), 25/54/59 of the Arms Act and 3(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (in short 'the SC & ST Act') at Police Station Karnal Sadar, District Karnal.

(3.) During the investigation, the Investigating Officer found Rajbir Ex. MC, Pankaj, Narinder Master (respondent No.2) and Bhag Singh as innocent and also deleted Section 3(v) of the SC & ST Act and submitted the challan before the trial Court.