JOGA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition under Section 401 Cr.P.C. is directed against the order dated 23.8.2010 passed by the learned Additional Sessions Judge, SBS Nagar, vide which the application under Section 319 Cr.P.C. moved by the petitioner-complainant, through Public Prosecutor, to summon Sarwan Singh @ Bholu, Geja Ram son of Piara Lal and Meeto wife of Geja Ram, as additional accused to stand trial in case FIR No. 187 dated 30.11.2007 under Sections 363-A, 366 IPC, PS Sadar Nawanshahar, was dismissed.

(2.) Briefly noticed the facts of the present case are that Sukhwinder Kaur-minor daughter of the complainant/petitioner was allegedly missing from her home since 27.11.2007. After making efforts to search his missing daughter-Sukhwinder Kaur, complainant allegedly lodged a complainant with police including SSP Nawanshar whereupon FIR No. 187 dated 30.11.2007 under Sections 363-A and 366 IPC came to be registered against Harjinder Lal @ Babbu son Gej Ram. During trial in the aforesaid FIR, statements of petitioner as well as prosecutrix-Sukhwinder Kaur were recorded and they were cross examined, in which they allegedly named the accused persons and the role played by them in the kidnapping of prosecutrix. Thereafter, petitioner, through Public Prosecutor moved an application under Section 319 Cr.P.C. to summon the accused who were not challaned. However, the learned trial Court dismissed the said application vide impugned order dated 23.8.2010. Hence the present revision petition.

(3.) It is submitted by the learned Counsel for the petitioner that the learned trial Court has passed the impugned order without appreciating the facts and circumstances available on the file and thus the same is liable to be set aside being arbitrary, illegal and against the principle of natural justice and to the prejudice of the complainant as well as the prosecutrix.