CRR-370-2021 (O&M)

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116

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-370-2021 (O&M)

Date of Decision: 15.9.2021

Varsha

..... Petitioner

Versus

Deepak and others

..... Respondent

CORAM:

HON'BLE MR. JUSTICE RAJESH BHARDWAJ

Present:

Mr. Pradeep Chhoker, Advocate, for the petitioner.

Mr. B.S. Virk, Deputy Advocate General, Haryana.

Rajesh Bhardwaj, J. (ORAL)

Matter has been taken up through video conferencing via

Webex facility in the light of the Pandemic Covid-19 situation and as per

instructions.

The petitioner has approached this Court by way of filing the

present revision petition impugning the order dated 18.2.2021 passed by the

learned Additional Judge, Sonipat, vide which the application under Section

319 Cr.P.C. filed by the petitioner-complainant has been dismissed.

As per the facts of the case, the FIR in question was lodged by the

petitioner against the accused, namely, Deepak, Babita, Dharambir, Ramesh,

Babli and Sonu on the allegations that accused-Dharambir had administered

her liquor on 08.11.2018 and thereafter, committed forcible sexual intercourse

against the order of the nature with her. It was further alleged that the accused

has been committing rape on the prosecutrix for the last six years and

threatened to kill her. The investigation was completed and challan was

presented, wherein the present respondents were kept in column No.2. During

recording of the evidence when the examination-in-chief of the prosecutrix as

SHARMILA DEVI

2021.09.21 16:04

I attest to the accuracy and

integrity of this document

phhc

CRR-370-2021 (O&M)

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PW-1 was going on, an application under Section 319 Cr.P.C. was moved

through Public Prosecutor for summoning the five respondent-accused. It was

contended that in the application that the prosecutrix had made specific

allegations against all these accused, however, the Investigating Agency

illegally exonerated them. Thus, all these five accused be also summoned to

face the trial. Learned trial Court after hearing both the parties, came to the

conclusion that no case is made out for summoning the accused under Section

319 Cr.P.C. and thus, declined the same by the impugned order dated

18.2.2021. Aggrieved by the same, the petitioner has approached this Court.

Learned counsel for the petitioner has vehemently contended that

there are specific allegations by the petitioner in the FIR lodged against all the

accused. As the investigation was not conducted properly, hence, they were

exonerated during the investigation. He submits that when the prosecutrix

entered into the witness box before the trial Court, she reiterated the allegations

against the accused as mentioned in the FIR and hence, all these accused were

liable to be summoned. He submits that the view taken by the trial Court is

totally in contravention to the law laid down by Hon'ble the Apex Court, thus,

unsustainable in the eyes of law.

I have learned counsel for the petitioner and perused the record.

Section 319 Cr.P.C. reads as under:-

“319. Power to proceed against other persons appearing to be

guilty of offence.

(1)Where, in the course of any inquiry into, or trial of, an

offence, it appears from the evidence that any person not

being the accused has committed any offence for which such

person could be tried together with the accused, the Court

may proceed against such person for the offence which he

appears to have committed.

SHARMILA DEVI

2021.09.21 16:04

I attest to the accuracy and

integrity of this document

phhc

CRR-370-2021 (O&M)

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(2)Where such person is not attending the Court, he may be

arrested or summoned, as the circumstances of the case

may require, for the purpose aforesaid.

(3)Any person attending the Court, although not under arrest

or upon a summons, may be detained by such Court for the

purpose of the inquiry into, or trial of, the offence which he

appears to have committed.

(4)Where the Court proceeds again