116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Decided on: 15.01.2025 Kamlesh Yadav ..... Petitioner Versus State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Prateek Rathee, Advocate and Mr. Shwas Bajaj, Advocate, for the petitioner.

Rajesh Bhardwaj, J.

CRM-1237-2025 For the reasons mentioned in the application, the same is allowed. The delay of 06 days in filing the appeal is condoned.

Main case

1. The petitioner has approached this Court impugning the order dated 09.10.2024 passed by learned Additional Sessions Judge, Gurugram, vide which, order dated 05.07.2024 passed by learned JMIC, Pataudi allowing the application under Section 319 Cr.P.C. filed by the petitioner- complainant for summoning respondent No.2-Rajesh @ Tillu as additional accused in a case FIR No.141 dated 18.04.2015, under Sections 147, 341, 506, 509 IPC, at Police Station Bilaspur, District Gurugram, was set aside.

2. Succinctly facts of the case are that FIR in the present case was lodged on the statement of petitioner Kamlesh Yadav, wherein, it was alleged that on 18.04.2015 at about 1:30 p.m., when she was alone at home, then about 15 men and women suddenly attacked their house. They started pelting stones at their house and were abusing them. She dialed at No.100 and thereafter, the Police arrived, however, the attackers continued to pelt stones and threat them. Twelve persons were named as assailants. Request was made to take legal action against all the accused person. On the registration of the FIR, the investigation commenced. The Investigating Agency filed the challan against five accused, whereas, rest of the accused named in the FIR were declared innocent. Learned trial Court framed charges and trial commenced. During the course of trial, the complainant was examined as PW-4, who reiterated her allegations made in the FIR and thus, application under Section 319 Cr.P.C. was filed for summoning respondent No.2 Rajesh @ Tillu to face trial alongwith the accused. Learned trial Court vide its order dated 05.07.2024 accepted the same by directing the additional accused Rajesh @ Tillu to face the trial alongwith the accused. This order dated 05.07.2024 was assailed by respondent NO.2 by way of filing revision petition before learned Additional Sessions Judge, Gurugram. Learned Revisional Court after hearing both the sides, accepted the revision petition vide impugned order dated 09.10.2024 and thus, set aside the order dated 05.07.2024 passed by leaned trial Court. Hence, aggrieved by the same, the petitioner has approached this Court by way of filing the present revision petition.

3. Learned counsel for the petitioner has vehemently submitted that the petitioner has been specifically named by respondent No.2 as one of the accused, who were the perpetrators of the offence committed on 18.04.2015. He submits that the Investigating Agency filed the challan on 15.09.2015 and illegally declared respondent No.2 as innocent. It is submitted that during the trial Suresh Chand has been examined as PW-3 and complainant- Kamlesh Yadav has been examined as PW-4 and during their examination-in-chief both have specifically deposed regarding the complicity of respondent No.2 and the specific injuries caused by them. He submits that CCTV footage provided by the petitioner also proved the complicity of respondent No.2 and thus, he was illegally declared innocent by the Investigating Agency. He submits that learned trial Court had rightly exercised its jurisdiction by accepting the application filed under Section 319 Cr.P.C., however, learned Revisional Court has miserably failed to appreciate the law settled and thus, has illegally set aside the well reasoned order passed by learned trial Court. He has submitted that the statutory power under Section 319 Cr.P.C. is an extraordinary power, which is there to prevent the miscarriage of justice, however, learned Revisional Court has failed to appreciate the same a