MAHMOOD HASAN AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The issue which needs determination is "whether a Magistrate during the trial after having recorded some prosecution evidence and having reached at a conclusion that the case is triable by the Court of Sessions u/s 323 of the Code of Criminal Procedure (hereinafter to be referred as "the Code") is justified in summoning of additional accused u/s 319 of "the Code"?

(2.) This petition has been filed under Section 482 of the Code seeking quashing of order dated 01.03.2016 passed by the learned Chief Judicial Magistrate, Mewat while deciding application under Section 209 read with Section 323 and Section 319 of the Code, affirmed in revision petition by the Court of Sessions.

(3.) This case has a long history, however, some facts are required to be noticed. Sh. Mehmood Hasan got lodged an FIR wherein it was stated that he is residing at Village Malab, running a school in the house. On 05.11.2005, he had gone to Delhi. On 06.11.2005, he received a telephonic message from Nijjar that during the intervening night of 05/06.11.2005 at about 3 AM, Mehmood Hasan @ Bara Munna, Masood Hasan @ Chotta Munna, Salman Hasan @ Sattewaj, Yousuf, Nafees, Mansoor, Masroor, Maqbool and 4-5 other persons armed with countrymade pistol and guns etc. entered his house secretly by scaling the wall of the house and broke open the door of the house. Mehmood Hasan @ Bara Munna, Masood Hasan @ Chotta Munna, Yousuf and Nafees armed with countrymade pistols kidnapped his wife-Firdos @ Annu at gun point. All the ornaments and household articles were loaded in a canter (a commercial vehicle). He on receipt of the information immediately rushed to his house and found all the valuable articles including cash missing. The commercial vehicle loaded with the plundered household articles were got stopped by the villagers. In the said incident, Asmina and Taranam were also given beatings and maltreated and remaining girls staying therein were confined in a room. His wife is in the possession of the aforesaid accused and she be got rescued. The aforesaid persons are also giving threats.