SEEMA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been moved by Seema Rani for setting aside the summoning order dated 23.2.2010 Annexure P-1, passed by the learned Additional Sessions Judge, Barnala qua her.

(2.) The brief facts giving rise to this petition are that the petitioner has been summoned without applying the judicious mind by the learned Additional Sessions Judge on the application moved by the prosecution under Section 319 of Cr.P.C. The petitioner is sister-in-law (jethani). She has been falsely implicated in the case at the instance of the father of the deceased. After registration of the F.I.R. Annexure P-3, she had moved an application through her father to the Senior Superintendent of Police, Barnala regarding her false implication in the case. The matter was inquired by the Senior Police Officers of the rank of S.P./D.S.P. The complainant Krishan Kumar Singla was associated in the inquiry. The petitioner was found innocent after detailed inquiry in which it has surfaced that the petitioner is living separately with her husband from her in-laws since 2004 even before the marriage of Lalit Mohan husband of the deceased Poonam. Her husband has been doing the business separately from the deceased's husband. There was no evidence connecting the petitioner with the offence and she was put in column No. 2 in the report submitted under Section 173(2) of the Code of Criminal Procedure. The impugned order is liable to be quashed on the grounds embodied in this petition.

(3.) I have heard the learned Counsel for the parties, besides perusing the record with due care and circumspection.