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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
N.S.SHEKHAWAT
............ – Appellant
Versus
............ – Respondent
Judgment :
N.S.Shekhawat J.
1. The petitioner has filed the present revision petition against the impugned order dated 22.08.2017 (Annexure P-1) passed by the Court of Additional Sessions Judge, Kapurthala, whereby the petitioner has been summoned to face trial under Section 319 Cr.P.C.
2. Learned Counsel for the petitioner contends that the FIR (Annexure P-3) in the present case was initially registered on the basis of the statement made by Sukhwinder Kaur and the same has been reproduced below:-
“Statement of Smt. Sukhwinder Kaur wife of Kulveer Singh caste Lubana resident of Isser Buch PS Begowal district Kapurthala aged about 20 years stated that I am resident above mentioned address and working as a house lady. My marriage was solemnized on 30.4.2011 with Kulveer Singh son of Khajan Singh caste Lubana resident of Isser Bucha PO Begowal as per ceremonies. My husband came from foreign country Italy at the time of my marriage. My father gave a sufficient dowry and a Alto car was also given and good welcomed the members of the Barat. My husband Kulveer Singh went back to Italy after 25 days of my marriage and during the vacation he asked me regarding bring a less dowry and regarding a
Summoning of additional accused to face trial – FIR registered under Sections 304B, 498A, 406, 323 and 34 of IPC – Power of summoning under Section 319 Cr.P.C. is not to be exercised routinely – Exis....
The court upheld the decision to summon an additional accused under Section 319 Cr.P.C., confirming that sufficient prima facie evidence warranted trial based on allegations of dowry-related harassme....
Dowry Death - Power to proceed against other persons appearing to be guilty of offence - It is true that summoning of an accused under Section 319 Cr.P.C. cannot be resorted to in a cavalier or casua....
Power to proceed against other persons appearing to be guilty of offence - When strong and cogent evidence comes against a person before the Court and such power should not be exercised in a casual a....
The court ruled that the trial court erred in taking cognizance against the petitioner without sufficient evidence, emphasizing the need for strong proof under Section 319 Cr.P.C.
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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