PINKI SAINI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Through the present petition, the petitioner has assailed order dated 10.05.2013, passed by the learned Additional Sessions Judge, Narnaul (for brevity, 'the trial Court'), whereby application of the petitioner under Section 319 of the Code of Criminal Procedure, to summon respondent No. 2 as an additional accused, has been dismissed.

(2.) Counsel for the petitioner submits that in FIR No. 187 dated 02.06.2012 for offence under Sections 498-A, 406, 506, 323, 313 IPC, registered at Police Station City Narnaul, the petitioner has levelled specific allegation and attributed a specific role that on 15.04.2012, her dewar (brother-in-law) Mahesh Kumar gave a fist blow on her face and the petitioner and her sister, married in the same family, were locked in different rooms. It is further submitted that as Mahesh Kumar was not challaned by the police, the petitioner prayed for summoning of Mahesh Kumar under Section 319 Cr.P.C. after her statement was recorded by the learned Court of Additional Sessions Judge at Narnaul. It is further submitted that as the petitioner in the first information report as well as in her statement recorded by the Court, has attributed a specific role of causing cruelty to the petitioner and her sister, Mahesh Kumar is liable to be summoned as an additional accused to face trial with the persons already arraigned as accused and charge sheeted in the case.

(3.) I have heard counsel for the petitioner and perused the case file.