JUDGMENT:

V.S. SIRPURKAR, J.

1. Leave granted.

2. Aggrieved by the order passed by the High Court in Criminal Revision, the accused comes up before this Court by way of this appeal.

3. By its impugned order, the High Court allowed the Revision and directed the Trial Court to re-hear the application filed under Section 319 of the Code of Criminal Procedure by applying its judicious mind and to pass the appropriate order according to law.

4. The following facts will be necessary for our purpose. On 12.11.2003 a written report came to be made at Police Station Neem-ka- Thana, District Sikar, Rajasthan by one Rohitas Kumar, contending therein that while he was having his dinner at his home, he was attacked by Ram Prasad Kailash, Pawan Kumar, Krishan Kumar, Chameli and Manju. It was asserted therein that Chemely and Manju also assaulted his wife Maya Devi. On the basis of this report offences were registered under Sections 147, 148, 341, 452, 24/149, 323, 324/149 and 308/149 IPC. The investigation proceeded and a charge-sheet came to be filed. However, in that charge-sheet the present appellant Kailash was not arrayed as an accused. During the course of trial when the prosecution witnesses