274 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR-1167-2021 Date of Decision:- 08.09.2025 Gulab Singh and others ...Petitioners Versus State of Punjab ...Respondent CORAM:- HON’BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Pawan Kumar, Senior Advocate with Mr. Bhuvnesh Sharma, Advocate and Ms. Vidushi Kumar, Advocate for the petitioners.

Ms. Amrit Kaur Mahir, AAG, Punjab.

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AMARJOT BHATTI, J.(Oral)

1. Petitioners Gulab Singh, Darshan Singh and Karamjit Singh all police officials have filed present criminal revision against impugned order dated 17.08.2021 passed by learned Additional Sessions Judge-cum- Special Judge, Barnala vide which petitioners were summoned under Section 376-D, 328, 346, 365, 366, 120-B, 506, 34, 166-A of Indian Penal Code, 1860 (for short ‘IPC’) and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST Act’).

2. Brief facts of the case are, FIR No. 340 dated 10.07.2020 (Annexure P-2) was registered at Police Station City Barnala on the statement of ‘MK’ mother of victim who stated that his daughter ‘SK’ aged about 22 years was pursuing her BCA from Punjab University College Gharuan Road, Barnala. On 24.06.2020 at about 12 O’clock noon, she went to the market on her Honda Activa bearing registration No. PB 19P 9501 for getting her certificates photostat. She went along with Karamjit Kaur alias Aman who was tenant in their house for the last about two months, but they did not return home till evening. She alongwith husband of Karamjit Kaur namely Chand Lal went to Barnala City in search of them but could not locate their whereabouts. Matter was reported to police and FIR was initially lodged under Section 346 of IPC.

As per status report, on 28.07.2020, victim herself reached Court Complex Barnala and upon coming to know about the same, ASI Karamjit Singh, Investigating Officer went there and statement of victim was got recorded before Judicial Magistrate Ist Class, Barnala. Karamjit Kaur was already arrested on 23.07.2020 and in view of statement of victim recorded before Judicial Magistrate, she was discharged by Investigating Agency on 29.07.2020. On 20.02.2021, victim got herself admitted in Civil Hospital, Barnala. After getting opinion of doctor about her fitness, her statement was recorded by Lady SI Rajpal Kaur on 22.02.2021 where she explained that she had earlier given her statement under Section 164 Cr.P.C. under pressure of the accused. She escaped from their clutches on 15.02.2021. On 23.02.2021, application was moved before Chief Judicial Magistrate which was marked to Judicial Magistrate Ist Class for recording statement of victim under Section 164 Cr.P.C. where she named accused responsible for occurrence and offences under Section 376-D, 328, 506, 120-B, 34 of IPC were added. During investigation, offence under Section 3(2)(v) of SC/ST Act was added. Investigation was completed and challan was presented against accused Chand Lal, Amritpal Kaur, Manoj Sharma alias Baba, Santosh Rani, Deepak Gupta, Priyanka Gupta and Pawan Kumar. Later on completion of investigation, supplementary challan was to be presented against Karamjit Kaur, Kaka Singh, Lalit Gupta, Dharminder Singh, Parmo, SI Gulab Singh, ASI Darshan Singh and ASI Karamjit Singh. During trial, learned Additional Sessions Judge-cum-Special Judge, Barnala passed impugned order dated 17.08.2021 whereby Karamjit Kaur alias Aman, Lalit Gupta, Dharminder Singh, Kaka, Baljit Kaur, Lakhwinder Singh, Parmo, SI Gulab Singh, ASI Darshan Singh and ASI Karamjit Singh were ordered to be summoned under Section 376-D, 328, 346, 365, 366, 120-B, 506, 34, 166-A of IPC and Section 3(2)(v) of SC/ST Act, 1989. All accused were charge-sheeted on 11.05.2023 and are facing trial.

3. Learned Senior counsel for petitioners argued that impugned order dated 17.08.2021 passed by learned Additional Sessions Judge-cum- Special Judge, Barnala summoning petitioners under Section 376-D, 328, 346, 365,