Judgment

Mrs. Manjari Nehru Kaul, J.

The instant revision petition has been filed challenging the order, dated 17.10.2018, passed by the Court of learned Additional Sessions Judge, Gurugram, in case SC/34 of 2018 titled as ‘State Vs. Laxmi Narain etc.’ arising out of FIR No.287 dated 22.09.2017 under Sections 148 , 149, 302, 323, 452 and 506 of the IPC registered at Police Station Farrukh Nagar, Gurugram, vide which an application filed under Section 319 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) by the prosecution to summon the petitioners to face trial as additional accused was allowed.

2. Learned counsel appearing for the petitioners has argued with vehemence that the impugned order is patently illegal and thus deserves to be set aside as the Trial Court failed to appreciate that the petitioners had been declared innocent by the police after a detailed investigation and thus rightly not challaned. It has been further submitted that the Trial Court also failed to take into account that respondent No.2 i.e. complainant Krishan Kumar, while stepping into the witness box as PW-4 had made material improvements qua the alleged role played by the petitioners inasm