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2016 Supreme(P&H) 1047

ANITA CHAUDHRY
Gurjant Singh – Appellant
Versus
State of Haryana – Respondent


Advocates:
For the Petitioner:Mr. PKS Phoolka, Advocate.
For the Respondent: Ms. Vibha Dhiman, AAG, Haryana.
For the Respondent No.2:Mr. P.S. Dhaliwal, Advocate.
For the Respondent No.3:Mr. N.P. Bhardwaj, Advocate.

JUDGMENT

Mrs. Anita Chaudhry, J.: - This revision has been directed against the order dated 27.08.2014, vide which the application filed under Section 319 Cr.P.C. was dismissed.

2. Petitioner Gurjant Singh had lodged a complaint, on the basis of which the FIR was recorded. The daughter of the complainant was missing since 28.01.2014. She was recovered on 30.01.2014 and her statement under Section 161 Cr.P.C. was recorded by the police and subsequently she was produced before the Magistrate for her statement under Section 164 Cr.P.C.

3. In the statement made to the Medical Officer, the prosecutrix had named Harpreet Singh and had made allegations of abduction and rape by him. No other name was given.

4. The police investigated the case and filed the challan only against Harpreet Singh. The names of Jagwinder and Gurjeet Singh @ Gagi were placed in column no.2.

5. After the prosecutrix had stepped into the witness box and had named the additional accused, an application under Section 319 Cr.P.C. was moved. The prosecutrix wanted to summon Jagwinder and Gurjeet Singh @ Gagi.

6. The trial Court made the following observation:-

“6. Now coming to the facts of the instant case, in this cas















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