Judgment :-

S.B. Sinha, J.

1.1. Leave granted.

2.2. Scope and application of Section 319 of the Code of Criminal Procedure, 1973 (for short, `the Code) is in question in this appeal which arises out of a judgment and order dated 16th November 2005 passed by a learned Single Judge of the High Court of Rajasthan whereby and whereunder the order dated 29th May 2003 passed by the learned Upper District & Sessions Judge (Fast Track), Sikar, refusing to summon the appellants herein as accused, was set aside.

3.3. A First Information Report (FIR) was lodged by the 1st respondent alleging that his wife was attacked by nine persons including the five appellants herein. His mother was also assaulted. When his father rushed to their rescue, he was also surrounded by them and was assaulted as a result whereof, he expired. Upon investigation, a final form was submitted in favour of the appellants. A charge-sheet was filed only against four persons, viz., Kishori, Jagdish, Sarjit and Sheo.

4.4. Indisputably, a counter case had been filed.

5.5. An application was filed on or about 01st April 1998 in terms of Section 319 of the Code for summoning the appellants herein as accused.

Before the learn