PRABHU SINGH AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) By way of filing the present revision petition, the petitioners have challenged the order impugned dated 5.10.2006 passed by Civil Judge (JD) and Judicial Magistrate, First Class, Didwana in Criminal Case No.213/2005 whereby the learned Magistrate allowed the application filed by complainant under Sec. 319 Crimial P.C. and took cognizance against the petitioners for offences under Sections 323 and 325 I.P.C. and summoned them by way of issuing bailable warrant against them.

(2.) According to the facts of the case, complainant-non-petitioner No.2 - Sumer Singh filed a complaint before Police Station Khunkhuna against the present petitioners as well as against Sajjan Singh in which it was alleged that on 12.12.2005 at about 8 P.M. accused persons entered in his house and assaulted him and his mother. It was specifically alleged that Surendra Singh caused lathi blow on his head, and thereafter, all the accused gave beating.

(3.) After registering the case, regular investigation commenced and challan was filed against Sajjan Singh alone. Thereafter charges were framed against Sajjan Singh and prosecution witnesses PW-1 Sumer Singh, PW-2 Sohan Singh and PW-3 Smt. Karnal Kanwar were examined. Thereafter, an application under Sec. 319 Crimial P.C. was filed by complainant stating therein that as per the evidence recorded in the Court, the cognizance is required to be taken against the petitioners and prayed that petitioners' names may be added along with main accused and process may be issued against them.