IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: 12.12.2025 Pronounced on:15.12.2025 Uploaded on:15.12.2025 Gurpreet Singh ..Petitioner Versus State of Haryana and others ..Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Bikram Chaudhary, Advocate for the petitioner.

Mr. Kshitij Bharti, AAG Haryana.

Mr. Yaseen Sethi, Advocate and Ms. Akshita Nanda, Advocate for Mr. Himanshu Gupta, Advocate for respondents No. 2 and 3.

SHALINI SINGH NAGPAL , JUDGE Order dated 09.03.2021 of learned Additional Sessions Judge, Special Court, Kaithal, dismissing the application under Section 319 Cr.P.C.

has been assailed in this revision petition.

2. Facts relevant for disposal of the petition are that FIR No.203 dated 17.07.2019 under Sections 306, 323, 452/34 of the Indian Penal Code, 1860, Police Station Cheeka, District Kaithal, was registered on statement of Gurdeep Singh son of Jogi Ram, who stated that 7-8 months ago, when he was attending the marriage of son of his parental-aunt in Village Karali Sahab, Punjab, a quarrel occurred between his wife Paramjeet Kaur, Seema wife of Gurdeep, Brinder Kaur wife of Babli, over some issue. On that account Seema, Binder Kaur and his maternal-aunt Kamla started nursing grudge against his wife. The day before, on 16.07.2019 at about 7:30 p.m. Kamla wife of Suba, Binder wife of Babli and Seema wife of Gurdeep visited their house, started quarrelling with his wife and thrashed her. Kamla gave Celphos tablets in the hands of his wife and all three of them asked her to consume the Celphos tablets so that they could live in peace. In a fit of anger, his wife consumed Celphos tablets. Thereafter, he received a phone call from the village and rushed home. His wife narrated the incident to him. He shifted her for treatment to Mahavir Home, Cheeka, where she was given injection and taken to Amar Hosptial, Patiala. He stated that his wife committed suicide fed up with Kamal, Binder Kaur and Seema and prayed for legal action.

3. The police investigated the case and submitted final report under Section 173 Cr.P.C. only against Kamla Devi and Binder Kaur. During trial, statement of the complainant was recorded on the basis of which an application under Section 319 Cr.P.C. was moved for summoning respondent No.4 to face trial in the case along with co-accused. The said application was dismissed by learned Trial Court vide impugned order.

4. Learned counsel for the petitioner submits that the order under challenge was illegal, perverse and against the settled principles of law. Specific allegations were levelled against respondent No. 4, in evidence of petitioner which learned trial Court ignored, while mechanically passing the impugned order. He further submits that benefit of vague ,one sided investigation could not be given to the proposed accused and while dealing with the application, learned trial Court travelled beyond the scope of Section 319 Cr.P.C. and dealt with the matter in considerable depth and detail thus exceeding its jurisdiction.

5. Relying upon Apex Court pronouncement in Manjeet Singh Versus State of Haryana and others, Criminal Appeal No. 875 of 2021, decided on 24.08.2021, he submits that at the stage of exercising powers under Section 319 Cr.P.C., the Court is not required to appreciate and/or enter on the merits of the allegations of the case. He thus prayed that the impugned order be set aside and the application under Section 319 Cr.P.C. be allowed by summoning respondent No.4 to face trial under Sections 306, 323, 452/34 of the Indian Penal Code, 1860.

6. The issue regarding the scope and extent of powers of the Court to arraign any person as an accused during the course of inquiry or trial in exercise of power under Section 319 Cr.P.C. (now Section 358 BNSS) has been set at rest by a Constitutional Bench of Hon'ble Apex Court in the case of Hardeep Singh Vs State of Punjab 2014 (1) R.C.R. Criminal 623 : 2014 (1) Recent Apex Judgments (R.A.J.) 384 : JT 201