BIMLA AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) By filing this petition under Sec. 482 of Code of Criminal Procedure, the petitioner has challenged order dated 10.11.2017 (Annexure P-2) passed by learned Additional Chief Judicial Magistrate, Sirsa vide which the petitioner was summoned as additional accused for offence punishable under Sections 323, 324, 326, 506, 149, 148 of Indian Penal Code and order of the learned revisional Court i.e. Additional Sessions Judge, Sirsa dated 29.9.2018 (Annexure P-3) vide which the revision filed by the petitioner against the order dated 10.11.2017 was dismissed.

(2.) The facts of the case lies in a narrow compass. The petitioner as well as the complainant party are having adjoining fields. On 29.7.2014 in the evening, both the parties were planting paddy in their respective fields. The complainant party alleged that the accused party had been lifting the soil from their land and created hinderance in the flow of water. On this ground, altercation took place. Then main accused Sandeep called his family members. On hearing the voice, Mahender armed with a iron Kappa, Lilu Ram armed with an iron spade and Bhaga Ram armed with iron spade came there. Sandeep was already having a spade in his hand. However, petitioners-Smt. Krishna, Pari and Smt. Bimla also came running to that spot. The male members of their family inflicted injuries and all the three petitioners also gave fist and kick blows.

(3.) After investigation, they were found innocent and, therefore, they had not been charge sheeted along with the remaining accused. Rather their names were mentioned in column No.2 of the charge sheet.