Being aggrieved against the order passed by Additional Sessions Judge, Ambala, summoning the present three petitioners as additional accused under Section 319 Cr.P.C., they have filed the present revision petition to impugn the said order.

FIR under Sections 323 , 324 , 326 , 148 , 149 IPC was lodged by Gagandeep Singh son of Randhir Singh on 29.6.2008 against various persons, including the petitioners. In his complaint, the complainant had clearly stated that the accused facing trial and the present petitioners alongwith some other additional accused, who were not challaned, had participated in this episode and had played CRIMINAL REVISION NO.528 OF 2012 :{ 2 }:

When his cousin tried to ward off the blow, the Bhala hit him in between his thumb and finger of the left hand. Balwant is attributed a blow with drant, which hit on his index finger. The other assailants present at the spot gave lathi blow to the Jagdish, Uncle of the complainant. Hearing the noise, Sohan Singh son of Puran Singh and Jagmal Singh son of Rakha Singh also reached the place and all assailants fled from the spot.

On the report being lodged, the matter was investigated CRIMINAL REVISION NO.528 OF 2012 :{ 3 }:

In Sarabjit Singh's case (supra), the Court has observed that Section 319 Cr.P.C. Confers discretionary jurisdiction on the Court to summon a person as an additional accused. This is termed as an extra ordinary power, which should be used very sparingly and only if the compelling reasons exist for taking cognizance against the accused person, against whom action has not been taken. It is also observed that power to summon a person as an accused can be exercised only on the basis of fresh evidence brought before it and not on the basis of material, which had been collected during investigation. The Court very aptly has observed that word `evidence' in Section 319 Cr.P.C. contemplates evidence of a witness in the Court. Here the petitioners have been summoned only on the basis of evidence. Thus, it can not be said that the petitioners have been summoned without any evidence. The version of the complainant, which was only a statement during the investigation, has now taken the shape of an evidence, once the complainant has been examined as a witness. This evidence has found corroboration from the medical record and that apparently would give sufficient assurance to CRIMINAL REVISION NO.528 OF 2012 :{ 7 }: