JUDGMENT :

ABHAY S. OKA, J.

1. In a pending prosecution for the offences punishable under Sections 148, 341, 323, 302 read with Section 149 of the Indian Penal Code, 1860, by order dated 08th June 2022, the learned Additional Sessions Judge exercised power under Section 319 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) and directed that the appellants who were not shown as accused in the charge sheet should be proceeded against with the accused named in the charge-sheet. The appellants preferred a Revision Application before the High Court to challenge the said order. By the impugned order, the Revision Application has been dismissed.

FACTUAL ASPECTS

2. The complainant lodged the First Information Report about the incident of 22nd February 2017, which occurred in the morning at around 09.15. The complainant, his father-Shirajuddin and his mother-Manja were standing near heaps of bricks. At that time, Shahid, Javed, the present appellants, and four to five persons came there and assaulted the complainant’s father with iron rods. The father succumbed to the injuries, and even the mother sustained injuries.

3. A charge sheet was filed against five other accused. The prese