Mohammad Rafiq, J.

This criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure has been jointly filed by accused-petitioners Shodan Singh S/o Shri Ramji Lal and Lakhan Nai S/o Shri Bhagwat, praying for quashment of order dated 12.04.2016 passed by the Additional Sessions Judge No.3, Bharatpur, in Sessions Case No.04/2016, arising out of F.I.R. No.243/2015, registered with Police Station Chiksana, dated 15.08.2015, whereby he, by invoking Section 193 of the Cr.P.C. ordered to summon the accused petitioners by non-bailable warrants, as additional accused, to face trial for various offences.

2. A First Information Report No.243/2015 was registered with Police Station Chiksana, for offence under Sections 147, 148, 323, 341, 307 and 302 IPC, on the basis of a written report submitted by one Daya Chand at R.B.M. Hospital, Bharatpur to Padam Singh, ASI of Police. Therein it was alleged by the informant that on that day, when his cousin Rakesh was waiting for a tempo, accused Shodan Singh and Lakhan, accompanied by other accused-persons, encircled him. While accused Shodan Singh and Lakhan were armed with a country made pistols ('katta'), accused Charan Singh @ Lohre had a 'farsa' and others had sticks with them. On seeing them, Rakesh made hue and cry and after hearing the same, Charan Singh, Naresh, Tejpal and Dinesh came to the place of incident. Thereafter, accused Shodan Singh fired a shot from 'katta' at Rakesh, which hit him on the chest, as a result of which, he fell down. Subsequent thereto, Charan Singh tried to intervene but accused Gulab Singh caught hold of him from behind and inflicted a 'farsa' blow on his head, followed by 'lathi' blows by accused Raju and accused Raghuveer. It was further alleged that accused Lakhan Singh reached the terrace of the house of Shodan Singh and opened fire recklessly so that other persons could not intervene. Dead body of Rakesh was lying in the mortuary of the hospital and injured were admitted in the hospital.

3. After investigation, the police filed a charge sheet against 10 accused persons (excluding the petitioners and three others named in FIR) for offences under Sections 147, 148, 149 and 302 I.P.C. However, investigation was kept pending against accused Khajan Singh under section 173(8) Cr.P.C. The Judicial Magistrate No.4, Bharatpur, took cognizance of offence under Sections 323, 341, 336, 325, 147, 148, 149, 302 I.P.C. against accused Gulab Singh, Guddu, Kartar Singh, Hori Lal, Charan Singh alias Lohre, Om Prakash, Mukesh, Raju, Raghuveer, Mahesh, vide order dated 08.12.2015. In addition to aforesaid offences, cognizance as against accused Mukesh was also taken for offence under Section 3/25 of the Arms Act. Thereafter, he committed the case to the Court of Session Judge, Bharatpur.

4. After committal of the case, the matter was fixed before the Sessions Judge, Bharatpur, on 21.12.2015. On that date, an application was submitted by the complainant under Section 193 Cr.P.C. for summoning five more accused persons including the petitioners, who were left out by the police during investigation. On 01.02.2016, the Sessions Judge, Bharatpur, ordered the case to be registered and simultaneously, made over trial of the matter to the court of Additional Sessions Judge No.3, Bharatpur. The application filed by the complainant under Section 193 Cr.P.C., as a part of the record, also stood transferred to the said court. The learned Additional Sessions Judge heard the arguments of the parties on the said application and partly allowed the same vide order dated 12.04.2016 and ordered accused-petitioner Shodan Singh and Lakhan to be summoned as additional accused to face trial along-with other accused-persons. However, the application was rejected qua Bhagwan Singh, Harendra Singh and Bhojraj Singh. The accused petitioners, pursuant to order dated 12.04.2016, were arrested by the police and produced before the court below.

5. Mr. Dharam Gopal Chaturvedi and Mr.