IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 20.02.2025 Reserved on: 04.02.2025 Ashok ... Petitioner Versus Harish and others ... Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Sunil Chaudhary, Advocate, for the petitioner (through Video Conferencing mode).

Mr. Balraj Gujjar, Advocate, for respondents No.1 to 5.

Mr. Neeraj Poswal, AAG, Haryana, for respondent No.6.

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MANISHA BATRA , J.

1. The instant petition has been filed by the petitioner seeking quashing of order dated 08.05.2023 passed by the Court of learned Additional Chief Judicial Magistrate, Bhiwani in Criminal case bearing CIS No.CHI-367-2017 titled as State of Haryana v. Ram Chander arising out of FIR No.764 dated 19.11.2016 registered under Sections 323, 325, 147, 149, 342 and 506 of IPC at Police Station Bhiwani Sadar, District Bhiwani, whereby an application filed under Section 319 of Cr.P.C. as filed by the petitioner for summoninig Harish, Deepak, Amit, Sudhir and Dharambir as additional accused (now to be mentioned as proposed accused) had been dismissed and the order dated 02.01.2024 passed by the Court of learned Additional Sessions Judge, Bhiwani whereby revision petition bearing CRR No.80 of 2023 preferred against the order dated

08.05.2023 had been dismissed.

2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of written complaint submitted by the petitioner-complainant Ashok Kumar alleging therein that on 19.11.2016, he along with his nephew Pritam was going towards his house and while on the way, the accused Narender and Ram Chander were found joining their tractor with a cultivator. As soon as the petitioner passed through them, the accused Narender hurled abuses to him and started following his scooter. The complainant slowed down the speed of his vehicle and then the accused Narender assaulted him due to which Pritam and himself fell down and sustained injuries. Accused Ram Chander caught hold of Narender. The complainant immediately called the police and was informed by the concerned SHO that some police officials would come to the spot. When the complainant was waiting for the police officials to come, the accused Narender accompanied by the proposed accused reached there and started assaulting him. All of them gave kicks and fist blows after pulling him inside the house of accused Ram Chander. The complainant was left only when the police reached there. After registration of FIR, investigation proceedings were initiated. The proposed accused were found to be innocent. The accused Ram Chander and Narender were arrested and subsequently released on bail and presently, they are facing trial for commission of the aforementioned offences. During trial, the statement of the complainant was recorded in chief and thereafter an application under Section 319 of Cr.P.C. had been moved for summoning the proposed accused which had been dismissed by the learned trial Court vide order dated 08.05.2023 that has been upheld by the Revisional Court.

3. It was argued by learned counsel for the petitioner that the impugned order dated 08.05.2023 which has been upheld by the Revisional Court is not sustainable in the eyes of law as while passing the same, the learned trial Magistrate did not apply his judicious mind. The proposed accused were not only named in the FIR but in his sworn deposition also, the petitioner took their names and had attributed specific acts to them. He had sustained seven injuries at the hands of accused already arraigned as well as the proposed accused. These injuries were simple as well as grievous in nature. The investigating agency had wrongfully found them to be innocent and that is why they had not been arrested and challaned. The evidence produced by him on record has showed the complicity of the proposed accused in the commission of subject offences. The learned trial Magistrate as well as Revisional Court did not con