IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on :13.05.2025 Pronounced on: 04.07.2025 Swati Kataria ...Petitioner(s)

Versus State of Haryana and others ...Respondent(s)

CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:- Petitioner in person.

Mr. Anmol Malik, DAG, Haryana.

Mr. K.P.S. Virk, Advocate for respondents No.2 to 6, 8 & 9.

*****

KIRTI SINGH, J.

Under challenge in the revision petition is the order dated

24.04.2019, whereby the application under Section 319 Cr.P.C. for summoning the private respondents as additional accused was dismissed by the learned Addl. Sessions Judge, Karnal in case bearing FIR No.694 dated 27.10.2016, under Sections 323, 325, 307, 354 and 506 IPC, registered at Police Station Assandh, Karnal.

2. The brief factual matrix of the case is that the instant FIR was registered upon a written complaint submitted by the petitioner on 26.10.2016, alleging therein that the petitioner and her family had been facing constant harassment at the hands of the accused persons for the transfer of ownership of the agricultural land owned by them. On 19.10.2016 when the petitioner along with her mother was heading back to Karnal after supervising the harvest of the crops planted in their agricultural land, they apprehended that they were being followed and therefore they started to head back towards their village, when a vehicle rammed into their car with great force. The petitioner got down to check the damage done to her car, when she saw the number plate of the offending car of the make of Volkswagen Vento. It was then she spotted the same car heading towards them once again, whereafter she ran and sat in her car. It is submitted that then allegedly Baba Badbhagh Singh along with Narender Singh, Gurdial Singh, Inderjeet Singh along with two-three other persons pulled the petitioner out of her car and started assaulting her. On seeing this, the mother of the petitioner rushed out from the car to rescue her, upon which Hardeep Singh, Mandeep Singh, Inderjeet Singh, Sidder, Gurdeep Singh and one other person alighted from the car, whereafter Mandeep Singh raised a Lalkara to kill the mother of the petitioner, who was then attacked with wooden sticks and run over by their car. Meanwhile the petitioner was also molested by the accused, who ran away upon spotting light coming from a distant vehicle. The petitioner thereafter made frantic calls to her brother, and in a short span of time the PCR arrived and the petitioner along with her mother were taken to a local hospital from where they were sent to civil hospital, Karnal in an Ambulance. Due to the critical condition of the mother of the petitioner, she was referred to PGI, but the petitioner chose to get her admitted at Fortis Hospital, Mohali, from where she was subsequently moved to Landmark Hospital. Initially the investigating agency on 3-4 occasions could not get the statement of the mother of the petitioner recorded as she had been declared unfit for that purpose by the doctors. Meanwhile, after the lodging of the FIR, challan was presented only against the accused Mandeep Singh while all the other accused persons were exonerated by the investigating agency. The petitioner thereafter approached this Court, seeking transfer of the investigation, pursuant to which the investigation of the case was transferred by the Director General of Police to the State Crime Bureau, Haryana in May 2017. Pending the investigating report from the Bureau, which was only submitted on 25.03.2019, the petitioner had moved an application under Section 319 Cr.P.C. seeking summoning of the private respondents as additional accused, which was dismissed vide impugned order dated 24.04.2019. Aggrieved by the same the petitioner has filed the present petition.

3. It is the submission of the petitioner that the application filed by the petitioner under Section 319 Cr.P.C. has been wrongly dismissed by the learned Trial Court. It is submitted that the statement of the petitioner as