The discretionary power of the court under Section 319 of the Code must be exercised judicially, and compelling reasons must exist for taking action against a person against whom action had not been taken earlier.

1. - Both the revision petitions are directed against the order dated 27.7.2006 passed by Additional District & Sessions Judge (Fast Track), Annopgarh District Sri Ganganagar in Sessions Case No.11/2006 (5/2006) whereby the application under Section 319 Cr.P.C. filed by complainant - Avatar Singh S/o Amar Singh was partly allowed and order for taking cognizance against Baldev Singh was passed while rejecting the prayer for taking cognizance against Karam Singh S/o Mahendra Singh and Baljender Singh @ Kala S/o Kashmir Singh.

2. SB Criminal Revision Petition No.790/2006 has been filed by complainant - Avatar Singh for taking cognizance against non-petitioners No.2 and 3 namely Karam Singh and Baljender Singh @ Kala and for quashing the order impugned dated 27.7.2006 to the extent of rejecting prayer for taking cognizance against the aforesaid non-petitioners.

3. SB Criminal Revision Petition No.714/2006 has been filed by Baldev Singh against the impugned order dated 27.7.2006 whereby cognizance has been taken against him upon the application filed under Section 319 Cr.P.C. by complainant - Avatar Singh.

4. According to the facts inter alia narrated in the revision petitions, a FIR was registered upon 'parcha bayan' of Avatar Singh S/o Amar Singh recorded at 12.05 p.m. on 28.6.2005 by Subhash Chandra, S.I. In the FIR, it was alleged that complainant - Avatar Singh went for taking water from 'naka', at that time his neighbour Baldev Singh and his two sons Pritpal and Tejpal and Karam Singh, Amritpal Singh @ Pala S/o Karam Singh, Sonu S/o Dharm Singh, Lakhvinder Singh S/o Kashmir Singh were standing there armed with lathis in their hands and they took him in their field and inflicted injuries by lathis. It was specifically mentioned that Tejpal Singh was having kulhari in his hand and he inflicted injury on the mouth of complainant - Avtar Singh and Baldev Singh said that shoot them. At that time, other neighbours namely Ranjeet Singh, Mani Singh, Kashmir Singh, Jarnel Singh came on spot and upon their intervention, the accused persons ran away from the place of occurrence.

5. Upon the aforesaid FIR, after registering the case by the Police Station Anoopgarh, investigation was commenced and after investigation, challan was filed against five accused persons but no challan was filed against Baldev Singh, Karam Singh and Balzender Singh @ Kala. After filing challan, the case was committed to the Sessions court for trial and later on the case was transferred to the Additional District & Sessions Judge, Anoopgarh, District Sri Ganganagar for trial. After framing charges against five persons, who were challaned by the Police, the statement of PW- 1 Avatar Singh, PW-2 Kashmir Singh and PW-3 Ranjeet Singh were recorded and thereafter, an application under Section 319 Cr.P.C. was filed by complainant before the trial court for taking cognizance against Baldev Singh, Karam Singh and Balzender Singh @ Kala. The trial court after hearing arguments and taking into account the evidence on record rejected the prayer for taking cognizance against Karam Singh and Balzender Singh @ Kala and passed and order for taking cognizance against Baldev Singh while reaching to the conclusion that there is material on record for taking cognizance against Baldev Singh and there is no sufficient evidence to add Karam Singh and Balzender Singh @ Kala to be added as accused and vide impugned order refused to take cognizance against Karam Singh and Balzender Singh @ Kala.

6. In the revision petition filed by complainant - Avatar Singh, it is contended by the learned counsel for the petitioner that the order impugned dated 27.7.2006 is illegal and improper upto the extent of rejecting the prayer for taking cognizance against Karam Singh and Balzender Singh @ Kala. It is further submitted that the learned trial court has committed an error in not taking cognizance against Karam Singh and Balzender Singh @ Kala because as per the statement of PW-1 Avatar Singh, P