GEETA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER -Geeta has filed this criminal revision petition under Section 401 Cr.P.C. against the State of Haryana challenging the order dated 20.3.2014 passed by learned Judge, Special Court, Kaithal dismissing the application filed under Section 319 Cr.P.C. It is mainly stated in the petition that the petitioner is the complainant and has made a complaint to the Police. Earlier the Police refused to register the FIR. Then the petitioner approached the Illaqa Magistrate under Section 156(3) Cr.P.C. and the FIR was registered. There were total seven persons, who were named as accused including one Vigilance Inspector, Vigilance Office, Ambala, who used his influence and got the names shifted in column No. 2. The Police presented the challan only against one person, namely, Ranjit Singh. An application under Section 319 Cr.P.C. was filed to summon the remaining six accused, which was dismissed by the Court.

(2.) I have heard learned counsel for the revision petitioner and have gone through the record.

(3.) A perusal of the FIR shows that the main allegations are against accused Ranjit Singh. From the perusal of the FIR, it is also clear that the complainant resided along with Ranjit Singh -accused No. 1 at various stations. The allegations of rape etc. are also against Ranjit Singh. It is also clear from the record that there are no allegations regarding giving of dowry and entrustment to the accused. Further, the FIR is not for the offence under Section 498 -A IPC. Rather, it is for the offences under Sections 406, 420, 376, 376 -D, 354 -A, 370, 354 -B and 120 -B IPC and during investigation father -in -law, mother -in -law, sister -in -law, uncle, maternal uncle and Shamsher Singh, Vigilance Inspector were found innocent and they have not been challaned. The complainant appeared in the Court and then application under Section 319 Cr.P.C. was filed, which was dismissed by the Court by passing a detailed and reasoned order.