JUDGMENT 1. - I have heard learned counsel for the parties and perused the impugned order date 26.6.03 passed by the learned Additional Sessions Judge, Srikaranpur, whereby he, on application under section 319 Criminal Procedure Code, has added Vinod Kumar and Rajendra alias Bholi as accused and further modified the charges as against the accused Puran Chand. The learned Judge has also recalled the witnesses. 2. On 22.7.1999, one Desh Raj lodged an FIR at Police Station, Srikaranpur stating inter alia that after closing his shop, he was returning to his village 61-F in his car. Bhajan Lal working in Preet Photo Studio also joined him from the bus stand. On the way, one kilometer ahead of 64-F, Vinod Kumar and Puran Chand seeing them started the tractor and tried to his car. They again made an attempt but could not succeed as he drove the car in reverse gear. He tried to turn it back but it did not move because of sand. Accused Vinod Kumar hit the care with an intention to kill him. On this information, police registered a case for the offence under section 307 Indian Penal Code and proceeded with investigation. Having found that the case was false and fabricated, the police forwarded the Final Report in case of accused Vinod Kumar and Rajendra. However, the chargesheet was filed against accused Puran Chand. During trial, the complainant filed an application under section 319 Criminal Procedure Code through the Additional Public Prosecutor. The learned Additional Sessions Judge by the impugned order added Vinod Kumar and Rajendra as accused and summoned them. The learned Judge also modified the charges as against Puran Chand adding offence under sections 307/34 and 427/34 Indian Penal Code. He framed the charges against Vinod Kumar and Rajendra for the offence under sections 307, 427 as well as 307/34 and 427/34. The learned Judge has also recalled all the prosecution witnesses. 3. I have heard learned counsel for the parties and perused the record. It appears that the learned trial Judge has completely overlooked the reasons given in the Final Report forwarded by the police, wherein it was found that the entire case against Vinod Kumar and Rajendra was false and fabricated. Even the independent witnesses have stated that on the fateful day, it was a dark night and they could not see the persons boarded on the tractor. Even the independent witnesses have stated that on the fateful day, it was a dark night and they could not see the persons boarded on the tractor. There is conflict in the statements of the witnesses as to who was driving the tractor. Nothing has been stated, if other two accused persons were on the tractor. Moreover, no role has been assigned to them. In view of this, there is no purpose to interdict and put the trial clogged back to further prolong the matter. 4. Consequently, the petition is allowed. The proceedings as against accused Vinod Kumar and Rajendra and also the order modifying the charge as against Puran Chand stands quashed.Petition allowed. *******