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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Singh, J.
Surendra Singh and others - Applicants
Versus
State of Uttarakhand and another - Respondents
Criminal Misc. Application No. 527 of 2012
Decided On : 22.05.2013
Section 482 Cr.P.C. - Summoning Additional Witnesses - 498-A IPC, 323 IPC, 3/4 of the Dowry Prohibition Act - Section 311 Cr.P.C.
Fact of the Case:
The petitioners invoked the inherent jurisdiction of the Court under Section 482 Cr.P.C. to challenge the order of summoning additional witnesses and the judgment and order passed by the Sessions Judge. The case involved allegations of harassment and cruelty under Section 498-A IPC and 3/4 of the Dowry Prohibition Act.
Finding of the Court:
The Court found that the summoning of additional witnesses under Section 311 Cr.P.C. was not justified as their statements were not essential to the just decision of the case. The Court also noted that the order passed by the trial court was interlocutory and not maintainable under Section 397 Cr.P.C.
Issues: The main issue was whether the summoning of additional witnesses under Section 311 Cr.P.C. was justified and whether the order passed by the trial court was maintainable.
Ratio Decidendi: The Court held that the trial court should record reasons as to why additional witnesses are essential for the just decision of the case before allowing an application under Section 311 of the Code. The Court also clarified that the order passed by the trial court summoning additional witnesses was interlocutory and not maintainable under Section 397 Cr.P.C.
Final Decision: The petition was allowed, and the impugned order passed by the learned Magistrate was set aside. The application filed by the respondent under Section 311 Cr.P.C. was dismissed, and the trial court was directed to proceed with the trial in accordance with the law.
Alok Singh, J.
1. Petitioners have invoked inherent jurisdiction of this Court under Section 482 Cr.P.C., assailing the order dated 07.09.2011 passed by Judicial Magistrate, Kashipur, District Udham Singh Nagar and judgment and order dated 28.03.2012 passed by Sessions Judge, Udham Singh Nagar in criminal revision no. 204 of 2011 whereby learned Magistrate was pleased to allow the application moved under Section 311 Cr.P.C summoning Harjinder Singh and Santok Singh as additional witnesses and revision arising therefrom was dismissed by the Revisional Court on the ground that order of summoning the additional witnesses under Section 311 Cr.P.C. is an interlocutory order, therefore, revision is not maintainable.
2. Brief facts of the present case, inter alia, are that an FIR being case crime no. 2014 of 2006 on 13.06.2006 under Section 498-A, 323 IPC and 3/4 of the Dowry Prohibition Act, was lodged by respondent no. 2 against the petitioners herein stating therein that his daughter Kuldeep Kaur got married with Surendra Singh as per the Sikh Rituals and Customs on 13.02.2006; at the time of marriage silver and gold jewellery, washing machine, colour TV, fridge and other articles were given to the petitioners’ party; one day before marriage one motorcycle was demanded by the husband side and the same was also given to the husband at the time of marriage, even then, husband and in-laws of Kuldeep Kaur were not happy with the articles given at the time of marriage; petitioners started beating and harassing Kuldeep Kaur, just after three days of her marriage on the pretext of bringing less dowry; complainant came to the matrimonial house of Kuldeep Kaur after five days of her marriage; Kuldeep Kaur told him that she was subjected to harassment and cruelty and they were demanding a Alto Car; it was further disclosed by Kuldeep Kaur that petitioners were extending threat, if Alto Car was not given, they would oust her and they would kill her; despite repeated requests by the complainant and his daughter, petitioners did not stop and kept on demanding Alto Car; on 18.04.2006 complainant along with few other persons once again went to the matrimonial house of Kuldeep Kaur and tried to pacify the petitioners, however, petitioners refused to hear them and told the appellant that until and unless, Alto Car was given, they would not allow Kuldeep Kaur to enter into their house.
3. Having investigated the matter, police filed charge-sheet against the petitioners for the offence punishable under Section 498-A, 323 IPC and ¾ of the Dowry Prohibition Act. During trial PW1 Seva Singh, complainant and PW2 Kuldeep Kaur were examined and cross-examined, thereafter an application under Section 311 Cr.P.C. was moved before the Magistrate to summon Harjinder Singh and Santok Singh as additional witnesses stating that Harjinder Singh and Santok Singh also went to the matrimonial house of Kuldeep Kaur. Learned Magistrate, vide impugned order dated 07.09.2011, was pleased to allow the application moved under Section 311 Cr.P.C summoning Harjinder Singh and Santok Singh as additional witnesses. Revision, arising therefrom, was also dismissed by the Revisional Court vide judgment and order dated 28.03.2012 by observing that order of summoning the additional witnesses under Section 311 Cr.P.C. is an interlocutory order. Feeling aggrieved, petitioners have filed this petition.
4. I have heard Mr. Manav Sharma, Advocate for the petitioners, Mr. H.O. Bhakuni, Brief Holder for the State and Mr. I.P. Paliwal, Advocate for respondent no. 2 and have carefully perused the record.
5. A perusal of the FIR would show that names of Harjinder Singh and Santok Singh were not figured in the FIR. Even in the statements recorded under Section 161 Cr.P.C. names of Harjinder Singh and Santok Singh were not mentioned.
6. Hon’ble Apex Court in the case of Hanuman Ram Vs. State of Rajasthan reported in 2008 (15) SCC 652 has held as under:
“The section is manifestly in two parts
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