SHAKUNTALA Vs. STATE

JUDGEMENT

(1.) By this petition under Section 482 Criminal Procedure Code. the petitioner seeks quashing of the orders dated 187.1998 passed by the Additional Sessions Judge directing issue of summons under Section 319 Criminal Procedure Code. against her.

(2.) Briefly stated, the facts giving rise to this petition are that on the basis of the report lodged by Smt. Nirmala Devi (Public Witness-2) FIR No. 175/89 was registered at the Police Station Shakarpur, Delhi. Investigation pursuant to the said FIR culminated into submission of a Charge Sheet under Section 498-A/304-B/34 Indian Penal Code against the accused persons. At the initial stage of the investigation, involvement of the petitioner in the alleged incident was suspected but on completion of the investigation She was exonerated by the investigating agency and her name was shown in Column No. 2 of the Charge-sheet. When the case was closed for judgment, learned Additional Sessions Judge, on the basis of the said entry in Column No. 2 of the charge sheet directed issue of summons under Section 319 Criminal Procedure Code. against'the petitioner. Feeling aggrieved, the petitioner has come up before this Court under Section 482 Criminal Procedure Code.

(3.) Assailing upon the validity of the impugned order learned Counsel for the petitioner contended that there is not an iota of evidence on record to connect the petitioner with the alleged crime and thus the learned Additional Sessions Judge has committed a manifest illegality in summoning the petitioner under Section 319 Criminal Procedure Code.