SUMAN ASHOK KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision petition under Section 401 Cr.P.C for setting aside the Order dated 18.08.2010 passed by the Additional Sessions Judge, Rupnagar, whereby, the petitioner has been summoned to face trial while exercising power under Section 319 Cr.P.C in case FIR No.92 dated 27.10.2009 under Section 304-B registered at Police Station Noorpur Bedi, District Rupnagar.

(2.) While praying for setting aside the said Order, learned counsel for the petitioner submitted that the investigation in the present case was carried out by the Investigating Agency and the petitioner was found innocent. She was placed in column No.2. The challan was presented only against Roshan Lal-husband, Kanshi Ram-father in law and Jeeto Devimother in law. Thereafter, on the basis of the statement made by PW-1 Baljit Singh-complainant, the petitioner has been summoned under Section 319 of the Cr.P.C. While summoning the petitioner, the Additional Sessions Judge, Rupnagar has not recorded any satisfaction that the evidence was sufficient to convict the accused and it is further contended that there is no other evidence against the petitioner except the statement of PW-1, which is a repetition of the FIR.

(3.) Reliance has been placed on the judgments of Hon'ble the Apex Court rendered in the cases titled as Sarabjit Singh vs. State of Punjab, 2009 3 RCR(Cri) 388, Lal Suraj @ Suraj Singh vs. State of Jharkhand, 2009 1 RCR(Cri) 504, and Kailash vs. State of Rajasthan, 2008 2 RCR(Cri) 200.