JUDGMENT :

Harpreet Singh Brar, J. (Oral)

1. The instant revision petition has been preferred against the impugned order dated 17.02.2021 passed by learned Additional Sessions Judge, Ambala, vide which, the petitioners have been summoned as an additional accused and subsequently charge-sheeted with offences falling under Sections 148/149/323/325/341/427/506 IPC and Section 3(x) of SC/ST Act, 1989 in case bearing FIR No.39 dated 13.03.2017 registered at Police Station Shahzadpur, District Ambala.

2. In brief, the facts of prosecution case are that on 13.03.2017, on receipt of telephonic information regarding quarrel in Village Patterheri, SI Surender Kumar alongwith HC Rajinder Singh reached in the village and came to know that injured were taken to CHC, Shahzadpur. When they went to CHC, Shahzadpur, they came to know that injured were referred to Civil Hospital, Ambala City and Civil Hospital, Sector-6, Panchkula. Thereafter, the police party reached at Civil Hospital, Ambala City and recorded the statement of injured Phool Chand, who stated therein that due to panchayat elections, present Sarpanch was having grudge against him and in this regard, on 11.03.2017, an altercation took place between them and in continuation of that, on 13.03.2017 at about 1.30 P.M., when he was coming back to his village from the fields on his cycle and reached in front of Farm of Pappu Rana, Veenu son of Leelu Sarpanch, Arvind Singh, Narender Singh, Amandeep, Navneet, Sonu, Ashu, younger son of Madan Pal, son of Balia, two sons of Madan Singh, son of Kaka Singh, two grandsons of Pala, two sons of Pal, Kaka and Leelu encircled him. They were armed with iron rods (saria), swords and gandasi (axe) at that time. They attacked on him and caused injuries. On receiving information, his relatives Raj Kumar, Naresh, Harbans, Ram Lal and Banta Ram came at the spot. The assailants encircled his family members also and caused injuries to them as well. People belonging to Rajput community also gathered at the spot and attacked on them, only because they belong to schedule caste. In order to suppress them, these Rajputs caused them injuries. They raised hue and cry which attracted Ronki Ram, Shiran and other people of Village. The accused fled away from the spot while abusing and threatening to kill them on getting a chance. Accused also damaged motorcycles belonging to his family members which were parked at the spot. Hence the FIR (supra) was registered.

3. In consequence of the FIR (supra) and after completion of the investigation by the concerned police, final report under Section 173 Cr.P.C. was presented in the learned trial Court against co-accused but not against the present petitioners. The learned trial Court framed charges against the co-accused. After the examination-in-chief of PW-1 i.e. injured/complainant, the prosecution moved an application under Section 319 Cr.P.C. before the learned trial Court for summoning the petitioners as additional accused and the same was allowed vide impugned order dated 17.02.2021. Subsequently, charges against the petitioners were framed. Hence, the present revision petition.

4. Learned counsel for the petitioners inter alia contends that the petitioners were not named in the FIR (supra) and the alleged incident had taken place on 13.03.2017. Learned counsel further submits that in the supplementary statement, no overt act or injury has been attributed to the petitioners and the only allegations are that petitioner No.1 was present at the place of occurrence, armed with a sword and petitioner No.2 was also present there armed with an iron rod. The jurisdictional police authorities, after a detailed investigation, have exonerated the petitioners and presented the final report under Section 173 Cr.P.C. against twelve persons, who were sent for trial by the investigating officer. Thereafter, the complainant appeared as PW-1 and an application for summoning the petitioners as additional accused was filed under Section 319 C