Sunita vs State of Haryana - 2025 Supreme(P&H) 112

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 112

HARPREET SINGH BRAR
Sunita – Appellant
Versus
State of Haryana – Respondent

Advocates:
Advocate Appeared:
For the Parties : Mr. Dev Kaushik Adv., Mr. Vikas Bhardwaj AAG, Haryana, Mr. Sankalp Gehlawat Adv., Mr. Rakesh Dhiman Adv.

JUDGMENT :

Mr. Harpreet Singh Brar, J.

1. Present revision petition has been preferred against the impugned judgment dated 13.01.2020 passed by learned Additional Sessions Judge, Jhajjar, whereby the order passed by learned Judicial Magistrate Ist Class, Jhajjar has been dismissed and the application under Section 319 Cr.P.C. for summoning the petitioners as additional accused has been allowed.

2. Brief facts of the present case are that on 09.10.2016 at about 04 O’Clock, an altercation took place between the complainant and petitioners along with co-accused. Due to which, on the same day at about 9:45 PM, all the three accused came to the complainant with a Jeli, lathi and stone and tried to kill the complainant. Hence, the FIR (supra) was registered.

3. In consequence of the FIR (supra) and after completion of the investigation by the concerned police, final report under Section 173 Cr.P.C. was presented in the learned trial Court against co-accused but not against the present petitioners. The learned trial Court framed charges against the co- accused. After the partial cross-examination of PW-1 i.e. injured/complainant, the prosecution moved an application under Section 319 Cr.P