Honble Arvind K. Tripathi, J.—Heard learned counsel for the revisionists, learned A.G.A., and perused the record.

2. The present criminal revision has been filed against the impugned judgment and order dated 17.12.2008 passed by the Special/Additional Sessions Judge, Fast Track Court No. 1, Saharanpur in Special Sessions Trial No. 258/2008 (State v. Muzammil) under Sections 452, 323/34, 504, 506, I.P.C. and 3 (1) (x) SC/ST (Prevention of Atrocities) Act summoning the petitioners in exercise of power under Section 319, Cr.P.C. to face the trial alongwith accused who has already been charge-sheeted.

3. Counsel for the revisionists submitted that there was no new ground before the Court concerned except what has already been stated in the F.I.R. and during investigation hence the application under Section 319, Cr.P.C. was liable to be rejected but the applicant has wrongly been summoned. There was allegation in the F.I.R. that co-accused, Muzammil and the applicants beaten with, saria and lathi-danda. However, the charge-sheet was submitted only against co-accused, Muzammil. Thereafter the statement of PW-1 and PW-2 was recorded. The PW-1 was the eye-witness who has made alleg