JUDGMENT :

1. Applicants being accused have approached this Court through this application under Section 482 Code of Criminal Procedure to challenge the order dated 21.11.2023 passed by Additional Chief Judicial Magistrate, Court No.1, Mathura in Case No. 7075 of 2019, titled State Vs. Akshay Bhardwaj and another, arising out of Case Crime No. 1297 of 2017, under Sections 307, 323, 506 I.P.C., Police Station Kotwali, District Mathura, summoning them in relation to the added offence punishable under Section 307 I.P.C.

2. Learned counsel for applicants submits that initially NCR No. 94/2017 dated 28.9.2017 under Sections 323, 506 I.P.C. was registered against the accused at Police Station Kotwali, Chowki Krishna Nagar, Mathura at the instance of complainant namely, Prem Singh, and subsequently, during the pendency of the investigation, the offence punishable under Section 307 I.P.C. was added on 18.12.2017. According to him, the investigation in the alleged crime commenced without the compliance of the mandatory provisions of Section 155(2) Cr.P.C. and on the basis of the opinion given by the doctor relating to the injuries suffered by the victim, a charge sheet bearing No. 803 of 2018