SUBHASH CHAND @ KAKA TANEJA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the parties. The petitioners seek pre arrest bail registered against them for the offences 307, 332, 353, 186, 427, 148, 149 IPC. FIR in the case has been registered on the statement of Block Development Panchayat Officer. It has been alleged by the complainant that on the orders of the Deputy Commissioner, Ambala he had gone for checking the eatable in the sweet shops. When the complainant entered into the shop of Kulbir Singh his nephew Sandeep Kumar, Amarjit Singh (Petitioner No. 2) and workers of the shop and his adjoining shopkeepers Kaka Taneja (Alias Subhash Chand) (Petitioner No. 1) made a deadly assault on him, Kulbir Singh threw boiling oil on the complainant as a result which his hands and feet got burnt. The other accused attacked him with 'Palta', 'Chhalni' and rod. The petitioners were found innocent in the investigation and were not sent up for trial.

(2.) During trial of the case the statement (Annexure P-2) of Gagandeep Singh BDPO Saha (complainant) was recorded as PW-2 in which he named the petitioners also as accused. The Learned Additional Sessions Judge, Ambala vide her order dated 9.10.2009 (Annexure P-3) summoned the petitioners as additional accused in terms of Section 319 of the Code of Criminal Procedure. The petitioners did not appear before the Learned Trial Court in response to the summons. Therefore, vide order dated 10.11.2009 (Annexure P-4) they were summoned through bailable warrants. On their failure to again respond, non-bailable warrants were issued vide order dated 7.12.2009 (Annexure P-5). Learned counsel for the petitioner has submitted that the petitioners were pursuing their legal remedy by way of filing a revision petition in this Court against the order dated 9.10.2009 (Annexure P-3) whereby they had been summoned as additional accused.

(3.) The revision petition stands disposed of. It is not in dispute that the custody of the petitioners is not required for the purposes of investigation, besides they have undertaken to appear before the trial Court.