AMRITPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. by accused petitioner Amritpal Singh alias Tinu wherein initially he had sought quashment of the FIR No.30 dated 12.04.2012 under Section 406, 498-A, 494 IPC pertaining to Police Station Gidderbaha, District Sri Muktsar Sahib (Annexure PI), which relief was subsequently given up vide orders dated 13.03.2019. Besides this, the petitioner had sought to challenge the summoning order dated 08.08.2017 (Annexure P4), by which the petitioner had been summoned as an additional accused with the aid of Section 319 Cr.P.C. by the Court of learned Judicial Magistrate 1st Class, Gidderbaha.

(2.) The brief allegations were levelled by the disgruntled wife complainant Sarabjit Kaur against her husband and his family members including the petitioner, who happens to be elder brother of her husband. The complainant in her allegations claims that her marriage was solemnized with Ajitpal Singh on 04.05.1997 where sufficient dowry articles were given to the satisfaction of the in-laws but subsequently they were not happy with the same and started demanding more. On failure of the complainant and her family to meet their demands, she was often tortured and physically abused. To assuage the feelings of the accused, the complainant claims that her family had given them Rs. 50,000/- but to no avail and that the amount so given was used by her husband and the present petitioner for their own needs and on the basis of the same, present case was got registered. The petitioner during the course of investigations, was found innocent. On recording of statement of the complainant Sarabjit Kaur as PW2, the impugned orders were passed summoning the petitioner as an additional accused.

(3.) Heard Mr. Lakhwinder Singh Mann, Advocate for the petitioner; Mr. C.L. Pawar, Sr. Dy. Advocate General, Punjab for respondent No.I/State and perused the records.