RAJIV KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prem Lata died of bum injuries on 31.7.1995. F.I.R. No. 126 dated 31.7.1995 was lodged against five persons alleging commission of offence under section 304-B of the Indian Penal Code. After investigation, the investigating agency filed challan against the husband and the mother-in-law of the deceased, placing the sister-in-law of the deceased and her husband and also one Madan Lal who is said to be the paramour of the deceased in column No. 2. The complainant filed a complaint which, after recording preliminary evidence, was dismissed on merits. Before the complaint was filed challan had already been filed in the Court. Against the dismissal of the complaint, a revision petition was filed but before the same could be decided on merits, in the police case the Court summoned two of the accused who had been placed in column No. 2. under section 319 of the code of Criminal Procedure (for short, the Code) to face trial. The revision petition was withdrawn as having become infructuous in view of the order of summoning under section 319 of the code and the persons summoned under section 319 of the Code as accused have filed the present petition.

(2.) Counsel for the petitioners contended that once the complaint had been dismissed on merits. No order of summoning under section 319 of the Code could be passed. It is further contended that power of summoning under section 319 of the code has to be exercised sparingly and when there is no chance of conviction, power under section 319 of the code should not be exercised.

(3.) Counsel for the state and the counsel for the complainant submit that dismissal of the complaint had not become final as the revision petition against the order of dismissal was pending and the dismissal of the complaint was not justified for the reason that a police challan had already been filed. They further submit that the complaint was required to be tried in accordance with law as envisaged under section 210(2) of the Code with the police case. It is further contended that on the merits a clear case for summoning under section 3 19 of the code had been made out in view of the evidence of PW-7 Krishan Lal who is father of the deceased, Prem Lata.