LAWS(P&H)-2014-7-1025

LOVIN CHAURAYA Vs. TARLOK CHAND KAKKAR AND ORS

Decided On July 10, 2014
LOVIN CHAURAYA Appellant
V/S
TARLOK CHAND KAKKAR AND ORS Respondents

JUDGEMENT

(1.) The epitome of the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, is that, initially, in the wake of complaint of petitioner-complainant Lovin Chauraya wife of late Piare Lal (for brevity "the complainant"), a criminal case was registered against main accused Pankaj Kakkar (husband), his parents Tarlok Chand Kakkar and Nirmala Rani (parents-in-law) of Heenu Arora, daughter of the complainant, vide FIR No.23 dated 25.2.2013 (Annexure P1), for the commission of an offence punishable under section 304-B read with section 34 IPC by the police of Police Station City Kharar, District S.A.S.Nagar (Mohali).

(2.) During the course of investigation of the case, accused Tarlok Chand Kakkar and Nirmala Rani (respondent Nos.1 and 2) (parents-in-law) were found innocent and were exonerated. However, the police has submitted the final police report (challan) (Annexure P4) against main accused Pankaj Kakkar (husband). During the pendency of the case, the application (Annexure P6) moved by the petitioner-complainant u/s 319 Cr.PC to summon them (parents-in-law) was dismissed by the trial Judge, by way of impugned order dated 20.11.2013.

(3.) Aggrieved thereby, the petitioner-complainant preferred the present revision petition to challenge the impugned order, invoking the provisions of section 401 Cr.PC.