IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

Criminal Revision No. 1274 of 2015 (O&M)

Date of decision: 19.03.2018

Vijay Kumar

...Petitioner

Versus

State of Haryana

...Respondent

*****

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr.Vaibhav Sharma, Advocate,

for the petitioner.

Mr. P.P. Chahar, DAG, Haryana.

Mr. S.K. Tripathi, Advocate,

for the complainant.

****

JAISHREE THAKUR, J.

1.

The present revision petition has been preferred against the order

dated 12.03.2015 passed by learned Sessions Judge, Rewari whereby the

petitioner has been summoned under Sections 166, 306 & 119 IPC on an

application moved under Section 319 Cr.P.C.

2.

In brief, the facts as alleged are that on 08.05.2014 Panna Lal son of

Karan Singh, complainant visited the petitioner. At that time, he told the

petitioner that there was a person harassing his daughter Sonu by making

phone calls on her mobile No. 9729081439. It was stated that threatening

phone calls were being made from Mobile No. 9810564436. The petitioner

thereafter, made a phone call on the said number and was informed that he

had never made calls nor had he threatened anyone. On 12.05.2014, the

petitioner was again informed by Panna Lal complainant, that his daughter

was being harassed by the said person again and again, on which the

Satyawan

2018.03.20 11:39

I attest to the accuracy and

authenticity of this document

High Court Chandigarh

CRR-1274-2015

-2-

petitioner advised the complainant that he should make a formal written

complaint in this regard and told the petitioner, he was in Chandigarh and

would return later on. The complainant moved a formal complaint to the

Duty Officer, HC Rajesh Kumar by getting FIR No. 175 dated 12.05.2014

registered under Section 506 IPC, at Police Station Model Town Rewari,

District Rewari against the person, who was threatening the daughter of the

complainant. On 13.05.2014, daughter of the complainant committed

suicide by taking some poisonous substance, on which FIR No. 179 dated

13.05.2014 under Section 306 IPC at Police Station Model Town Rewari,

was registered. In the said FIR, it was stated that phone calls were being

made from mobile phones on the mobile phone of his daughter, due to

which she has committed suicide. After investigation of the matter, it was

found that alleged calls were being made by one Parmanand son of Sham

Lal, who was resident of village Kota Khandewala, Police Station Tauru,

District Mewat. He was arrested and challaned in the said FIR under Section

306 IPC. The post mortem report showed that the deceased had consumed

the Aluminium Phosphide. During trial, several witnesses were examined

and an application was moved under Section 319 Cr.P.C. to summon the

present petitioner as an additional accused, which application was allowed

by order dated 12.03.2015 and the petitioner was ordered to be summoned

under Sections 166 and 306 read with Section 119 IPC. Aggrieved against

the said order, the instant criminal revision has been filed.

3.

Mr. Vaibhav Sharma, learned counsel appearing on behalf of the

petitioner contends that the learned Court below has failed to appreciate the

fact that no offence is made out against the petitioner herein and summoning

under Section 319 Cr.P.C. is wholly unsustainable. It is argued that

Satyawan

2018.03.20 11:39

I attest to the accuracy and

authenticity of this document

High Court Chandigarh

CRR-1274-2015

-3-

Parmanand, the main accused stands acquitted by Addl. Sessions Judge,

Rewari on 03.05.2016. It is further submitted that the petitioner was not the

Officer Incharge of the Police Station as on that date and neither is he the

person who would have recorded FIR and, therefore, it could not be said

that there is dereliction of duty and delay in recording of the FIR as alleged,

the delay which resulted in the complainant's daughter taking her own life.

It is also argued that without taking sanction under Section 197 Cr.P.C.

proceeding