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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Kirti Singh
Sukhwinder Rai – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Kirti Singh, J.
1. The instant revision petition has been filed against the impugned order dated 4.3.2016 passed by the learned Additional Sessions Judge, Hoshiarpur, whereby the application filed by the prosecution under Section 319 Cr.P.C. has been allowed qua petitioner Sukhwinder Rai, and he has been summoned to face trial as additional accused under in case FIR No. 33 dated 17.4.2014 under Sections 304-B and 201 of the IPC, registered at Police Station Mehtiana, District Hoshiarpur.
Brief facts of the case
2. The present FIR was registered under Sections 304-B and 201 IPC on the basis of a statement made by the complainant-respondent No.2, who is the father of the deceased alleging that his daughter had suffered maltreatment and harassment at the hands of her in-laws due to demands of dowry, which ultimately led to her death. The present petitioner has been nominated in the instant FIR being the jeth (brother-in-law) of deceased daughter of the complainant, who was married to the younger brother of the petitioner namely Varinder Rai on 31.3.2013. Purusant to the registration of the present FIR, the matter was inquired and the petitioner was exonerated in the present cas
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The powers under Section 319 CrPC are discretionary and extraordinary, to be exercised sparingly and not in a casual and cavalier manner for summoning a person as an additional accused. There must be....
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The power under Section 319 of Cr.P.C. is discretionary and should be exercised before the conclusion of the trial. The Court must find prima facie evidence against the proposed accused and follow th....
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