CHANAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed against the order dated 20.7.2010 whereby the petitioners have been summoned under Section 319 of the Cr.P.C to face trial in case FIR No.6, dated 13.01.2007, registered under Sections 306/218 of the IPC, at Police Station Kahnuwan, District Gurdaspur. On 30.11.2010, the following order was passed :-

(2.) COUNSEL for petitioner No.3 has argued that admittedly, it was a case of love marriage since the deceased was earlier married to some body and then eloped with the brother of the petitioner. He has further argued that there is an omnibus allegation in the FIR to the effect that the entire family used to harass the deceased for dowry. He has further stated that petitioner No.3 was unmarried at that time and that while summoning the petitioner, the parameters laid down in Michael Machado & Another vs Central Bureau of Investigation & Another, 2000(2) RCR (Criminal) 75 have not been kept in mind.

(3.) IN my opinion, the mere statement of the complainant in Court would not be enough to satisfy the strict parameters laid down in Michael Machado & Another's case (supra). IN the circumstances, I deem it appropriate to allow this petition and to quash the impugned order qua petitioner No.3. Ordered accordingly.