JUDGMENT :

1. This criminal revision under section 397/401 of Code of criminal procedure is preferred against the order dated 3-11-2022 passed by learned 2nd Additional Session Judge, Jatara, District Tikamgarh, whereby the application under section 319 of the Criminal Procedure Code 1973 filed by the complainant has been allowed and petitioners have been added as accused and has summoned them.

2. The facts in brief are that as per FIR lodged by complainant bearing crime No. 42/2021 dated 25-1-2021 at Police Station Jatara the petitioner with other co-accused assaulted complainant Mr. Jitendra Mishra on 25-1-2021 but the Police during the investigation of the case, the police did not arrayed as accused in the charge-sheet and found that petitioners were not present at the place of incident and police did not file charge-sheet against the petitioners. During the trial, the complainant filed an application under section 319 of the Criminal Procedure Code, 1973 to implead petitioners as accused in the trial which was allowed by the impugned order.

3. Learned Counsel for the petitioners submits that at the time of the commission of the offence, petitioners were at Gram Budera and further