Whether to make accused a party or not

I have made an appeal in a case in session court.  xyz .... Vs State...

I do not want to make the accused a party hence, I only made the state a party as my case is against the summon of the court.

I am confused whether to make the accused party or not because the lower court has not summoned the accused. 

I need proper law regarding the same

If any direction of higher courts regarding exemption of making the accused a party please be indicated for reference.

Thank U