JUDGMENT

R. BANUMATHI, J.

Leave granted.

2. This appeal arises out of the order dated 04.12.2018 passed by the High Court of Judicature at Allahabad in Application No.36010 of 2018 in and by which the High Court has affirmed the order passed by the trial court thereby declining to summon the second respondent Subhash Chandra Shukla under Section 319 Cr.P.C. as an accused.

3. Brief facts which led to filing of this appeal are as under:-

As per the complaint lodged by complainant-Shiv Prakash Mishra (PW-1), on 06.09.2013 at about 09.00 am, respondent No.2-Subhash Chandra Shukla along with other accused viz. Sashendra Shukla, Devender Shukla, Lakshmi Kant Shukla and Rahul Shukla formed themselves into an unlawful assembly and came to the house of complainant and started abusing him due to old enmity. The elder brothers of the complainant namely Sangam Lal Mishra and Sunil Kumar Mishra who were living in the opposite house came out and tried to forbade the accused from abusing. On this, accused Sashendra Shukla fired from the pistol in his hand with intention to kill Sunil Kumar Mishra. Other accused beat Sangam Lal Mishra with lathi and dandas while the second respondent is alleged to hav