PARMJEET AND ANR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed against the impugned order dated 17.11.2017 vide which both the petitioners have been ordered to be summoned by learned Judicial Magistrate 1st Class, Indri to face the trial for the offence punishable under Section 148, 149, 323, 324, 325, 201 and 506 IPC on the basis of the application moved by the prosecution under Section 319 Cr.P.C. It is contended by learned counsel for the petitioner that there is no material available on record to prove the complicity of the petitioners in this case and rather they were declared innocent by the police as it was found that they have not played any actual role in the commission of the offence.

(2.) Heard learned counsel for the petitioner and perused the paper book.

(3.) A perusal of the impugned order clearly reveals that from the very beginning the names of both the petitioners have been mentioned by the complainant as well as injured, i.e. Salinder and Balinder (PW4) respectively. Even in the statement recorded under Section 161 Cr.P.C. also the names of both the petitioners have been mentioned and Balinder while appearing as PW4 has categorically deposed that both the petitioners were present at the time of occurrence and his testimony reads as under:-