RAJESH BHARDWAJ
Paramjit Kaur @ Baby – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
(Rajesh Bhardwaj, J.)
The petitioner has approached this Court impugning the order dated 09.05.2018 passed by learned Additional Sessions Judge, Jalandhar, whereby, order dated 13.11.2017 passed by learned JMIC, Jalandhar was set aside and trial Court was directed to pass a fresh order on the application filed under Section 319 Cr.P.C.
2. Succinctly facts of the case are that respondent No.2 lodged an FIR with the Police on the allegations that he retired from Army and wanted his son Parminder Singh to be settled, who had passed 10+2. Lakhvir Singh @ Lakha was married in their village, hence, he was acquainted with him. Lakhvir Singh @ Lakha took his son Parminder Singh in confidence by alluring him to be appointed in Merchant Navy. On 16.06.2011, Lakhvir Singh @ Lakha and his wife Paramjit Kaur @ Baby came to his house and took Rs.3 lacs advance on the pretext of appointing his son in Merchant Navy. In all, he paid Rs.7,80,000/- to them. However, neither his son was appointed in Merchant Navy nor any money was returned to him. Thus, request was made to take legal action against both the accused. On completion of investigation, the Police found the allegations against the
The power under Section 319 Cr.P.C. is extraordinary and should be exercised sparingly, requiring strong evidence against the accused.
Summoning under Section 319 Cr.P.C. is an extraordinary power to be used sparingly and requires strong and cogent evidence against a person, as established by the Hon'ble Supreme Court.
The power under Section 319 Cr.P.C is discretionary and should be exercised sparingly, only when strong and cogent evidence occurs against a person from the evidence led before the court.
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