IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.675 of 2025 (O&M) Date of Decision: 12.03.2025 Jile Singh ….. Petitioner Versus State of Haryana and others ….. Respondents CORAM: HON’BLE MR. JUSTICE RAJESH BHARDWAJ ******

Present: Mr. Ankur Lal, Advocate for the petitioner.

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RAJESH BHARDWAJ J.

1. Present petition has ben filed praying for the quashing of impugned order dated 15.02.2025 passed by the learned trial Court whereby the application under Section 319 Cr.P.C. for summoning respondents No.2 to 12 to face trial in FIR No.220, dated 03.07.2022, registered for the offences punishable under Sections 148, 149, 323, 506, 302 of IPC, at Police Station Bawal, District Rewari, Haryana was dismissed. Further prayer has been made for staying the further proceedings before the learned trial Court till the decision of the present revision petition.

2. As per the facts of the case, the petitioner before this Court is the complainant, on whose statement, FIR No.220, dated 03.07.2022, under Sections 148, 149, 323, 506, 302 of IPC, at Police Station Bawal, District Rewari, Haryana was registered. On conducting the investigation, the challan was filed under Section 173 Cr.P.C. Respondents No.2 to 12 were found to be innocent during the investigation. On filing the challan, the charges were framed and the trial commenced. During the trial, the petitioner appeared before the learned trial Court as PW-2 and deposed against the respondents. Thus, an application under Section 319 Cr.P.C. was filed for summoning respondents No.2 to 12. The learned trial Court, on hearing both the sides, finding no merit in the application filed by the petitioner and thus dismissed the same vide impugned order dated 15.02.2025. Hence being aggrieved the petitioner is before this Court by way of filing the present revision petition.

3. Learned counsel for the petitioner has vehemently contended that the impugned order has been passed in contravention with the law settled. He has submitted that the impugned order is totally cryptic and has been passed in a cavalier manner. He has submitted that Chhajju Singh suffered injuries at the hands of respondents and the co-accused but the Investigating Agencies illegally exonerated them during the investigation and hence, they deserve to be summoned under Section 319 Cr.P.C. to face the trial along with the co-accused already facing the trial. He has submitted that the petitioner had appeared before the learned trial Court as PW-2 on 10.07.2024. He has submitted that the ocular version is medically corroborated. He has submitted that respondents No.2 to 12 were declared innocent on the inquiry carried out by the DSP, namely, Sh. Rajesh Kumar. He has submitted that neither the Inquiry report of the DSP was annexed nor the DSP has been made a witness. He has submitted that there were specific allegations made against respondents No.2 to 12 regarding committing the overt act in committing the murder of deceased, Chhajju Singh. However, the learned trial Court had illegally dismissed the application filed by the petitioner under Section 319 Cr.P.C. He has relied upon the law laid down by Hon’ble the Supreme Court in ‘Manjeet Singh vs. State of Haryana and others’, Criminal Appeal No.875 of 2021, decided on 14.08.2021 and has submitted that the impugned order being totally in contravention to the law settled, deserves to be set aside and respondents No.2 to 12 be summoned to face the trial along with the accused, who already face trial.

4. Heard.

5. On hearing learned counsel for the petitioner and perusing the record, it is deciphered from the record that the petitioner before this Court is the complainant, at whose behest, FIR No.220, dated 03.07.2022 under Sections 148, 149, 323, 506, 302 of IPC at Police Station Bawal was got registered. During the investigation, respondents No.2 to 12 were exonerated as no such material evidence was found against them regarding their complicity. As evident from the record, t