HARNEK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this petition under Sec. 482 Cr.P.C., prayer has been made by the petitioners for setting aside order dtd. 18/11/2015 of the trial court (P-2), whereby, they have been summoned as additional accused upon the application of the prosecution moved under Sec. 319 Cr.P.C. and order dtd. 18/3/2016 (P-3) of revisional court, whereby their revision against the trial court order was dismissed.

(2.) Briefly, the bone of contention in between the petitioners, their co-accused and complainant-Hari Ram is a shop situated within the area of abadi deh (lal dora). According to the complainant, in the evening of 19/9/2011, 13 persons including the petitioners and 5 others, who are already facing trial, forcibly dispossessed him from the demised shop, of which, he was in possession. Consequently, FIR No.246 dtd. 19/9/2011, under Ss. 447, 427, 511, 506, 148 and 149 IPC was registered at Police Station City Rajpura against them. During investigation, all the 8 petitioners were found innocent, whereas their 5 co-accused were sent to face trial by filing report under Sec. 173 (2) Cr.P.C. only under Ss. 447, 427, 511, 506, 148, 149 IPC, deleting Ss. 380 and 454 IPC. During the pendency of trial, prosecution moved an application under Sec. 319 Cr.P.C. to summon the petitioners as additional accused, which was accepted by the trial court, vide impugned order dtd. 18/11/2015 (P-2).

(3.) The petitioners have laid challenge to the aforesaid order in revision, but remained unsuccessful, as their revision, was too, dismissed vide order dtd. 18/3/2016 (P-3).