NARESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) The petitioner has approached this Court by way of filing this revision petition impugning the order dtd. 6/12/2021, whereby, the learned Additional Sessions Judge, Panipat has dismissed the application under Sec. 319 Cr.P.C. for summoning the proposed accused, namely, Ankush and Raju.

(3.) As per the facts of the case, the FIR was lodged by the complainant Naresh. It was alleged that he is working as Supervisor with the Floor and More, Shimla Maulana Road, Panipat and his wife is working as Nurse with Apex Hospital, Sanauli Road, Panipat. Both the husband and wife left for job ususally at 9:00 am and 10:00 am, respectively. His eldest daughter (name concealed), who is minor is studying in 12th class in Government School. On 18/6/2020, when they returend back to home in the evening, they found that their daughter was not at home. He enquired from surroundings, then Santosh wife of Ravinder told that she went to theirhouse at about 5 O'clock and there she saw that Sahil son of Iqbal was putting knife on the neck of his daughter and Ankush son of Charan Singh was holding her from behind and Raju son of Karambir was holding her hands. She tried to save her. They pushed her and took away his daughter. She became unconscious. By the time, she regained her consciousness, they had left. On checking their home, some jewellery worth Rs.2,50,000.00 was found missing. Request was made to lodge the FIR and take legal action against the culprits. The investigation commenced and on conclusion of the same, the challan was presented against Sahil, whereas, both the proposed accused i.e. Ankush and Raju were kept in column No.2. During the course of the trial Santosh wife of Ravinder was examined as PW-1, where she reiterated about the allegations qua both the proposed accused and on the basis of the same, the complainant filed application under Sec. 319 Cr.P.C. for summoning both of them. After hearing the parties, the learned trial Court declined the same vide impugned order dtd. 6/12/2021. Aggrieved by the same, the complainant-petitioner has approached this Court by way of filing this present revision petition.