LAJPAT RAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) LAJPAT Rai-petitioner, by means of this petition under Section 482 Cr.P.C. seeks quashing of the order Annexure P1 passed by Additional Sessions Judge, Kaithal dated October 9. 1992 in case FIR No. 149 dated May 21, 1991 registered at PS City Kaithal for offence under Section 304-B IPC. Lajpat Rai's wife Usha Rani committed suicide on May 24, 1991 by burning herself. She died of burns on June 8, 199 1. Before her death, she made a declaration in which she claimed that her mother-in-law and father-in-law used to harass her for bringing less dowry. That she had set herself-on fire on account of this harassment. This dying declaration was recorded before the Magistrate. Kishan Chand, father of the deceased, made a statement during the inquest proceedings wherein also he named the mother in-law and father-in-law of Usha Rani for harassing her which ultimately forced her to commit suicide. During the course of trial, Kishan Chand in his statement implicated Lajpat Rai, his brother Darshan and his sister named Usha for the offence. Application under Section 319 Cr.P.C. was then filed with a prayer that these three named persons be also summoned to stand the trial. Vide the impugned order the learned Additional Sessions Judge allowed the application with respect Lajpat Rai petitioner and ordered too summoning by means of non-bailable warrants.

(2.) MR . Ghai who appears for the petitioner has urged that after the charge had been framed, to exercise powers under Section 319 Cr.P.C., there has to be evidence before the Court and since the statement of Kishan Chand had not been concluded, he having not yet been cross-examined, there was no legal evidence before the trial Court to order. summoning of the petitioner.

(3.) I hereby accept the petition and quash the impugned order. The learned Additional Sessions Judge shall be at liberty to re examine the matter of summoning other accused after the evidence comes on the record to justify such a conclusion.