JUDGMENT :

RAJESH SINGH CHAUHAN, J.

1. Heard Sri. Vinod Kumar Pandey, learned counsel for the petitioners, Sri. Ran Vijay Singh, learned AGA for the State and Sri. Santosh Kumar Yadav “Warsi” learned counsel for opposite party no. 2.

2. Sri. Warsi has filed counter affidavit, the same is taken on record.

3. By means of this petition, the petitioners have assailed the order dated 22.10.2021 passed by the Additional Sessions Judge, Court No. 4, Sultanpur on the application under Section 319 Cr.P.C. in Sessions Trial No. 116 of 2015, State vs. Sachin and Others, arising out of Case Crime No. 307 of 2014, under Sections 302, 323, 504 and 506 IPC, Police Station Motigarpur, District Sultanpur by means of which the petitioners have been summoned in the aforesaid case.

4. Learned counsel for the petitioners has contended that the present petitioners were not charge sheeted but the learned trial court concerned while appreciating the statements of PW-1, Sudhakar Tiwari and PW-2 Durgesh Tiwari, the injured, who have indicated the involvement of the present petitioners in the incident in question, summoned the petitioners under Section 319 Cr.P.C. Learned counsel for the petitioners has drawn att