SIRI RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the accused-petitioner Siri Ram, seeking quashment of the order dated 23.3.1999 passed by the learned Magistrate, ordering the summoning of the present petitioner as an accused exercising the power under Section 319 Cr.P.C.

(2.) THE facts which are relevant for the decision of the present petition are that Brij Lal (father of Smt. Parwati) had lodged FIR No. 176 dated 14.3.1997 under Sections 498-A/34 IPC by moving the application (copy Annexure P-2) before the S.H.O. seeking registration of a case against Dalbir, Ram Kumar, Smt. Rukma and Siri Ram. After the registration of the FIR, the matter was investigated by the police and after the completion of the investigation the challan was put up in the Court against three accused namely Dalbir, Ram Kumar and Smt. Rukma, while the name of fourth person namely Siri Ram-petitioner was put in Column No. 2 of the report under Section 173. After the charge was framed against the three accused named above, the statement of Brij Lal- complainant was recorded by the learned Magistrate as PW-1. After the statement of PW-1 Brij Lal was recorded by the learned Magistrate, an application under Section 319 Cr.P.C. was filed for summoning Siri Ram as an accused in this case. This application was contested by the accused. After hearing both the sides, the learned Judicial Magistrate vide order dated 22.3.1999 accepted the said application and ordered the summoning of present petitioner-Siri Ram as an accused in this case alongwith other co-accused. It is against this order dated 22.3.1999 passed by the learned Magistrate that Siri Ram petitioner has filed the present petition under Section 482 Cr.P.C. seeking the quashment of the said order of summoning dated 22.3.1999.

(3.) LEARNED counsel appearing for the petitioner submitted before me that the petitioner is only "Jeth" of Smt. Parwati and that he had nothing to do with the maltreatment of Smt. Parwati by her husband. Reliance was placed on 2000(2) Recent Criminal Reports (Criminal) 247, Santosh Bhardwaj v. U.T. Administration and 1989(1) Recent Criminal Reports 1, Smt. Chand Rani and others v. Smt. Sunita Rani.