SUKHPAL KAUR Vs. STATE OF PUNJAB & ANR.

JUDGEMENT

(1.) Petitioner Sukhpal Kaur daughter of Karam Singh, resident of village Phaphre Bhaike, District Mansa has filed the present revision petition against the order dated 17.1.2012 passed by learned Additional Sessions Judge, Mansa whereby the petitioner has been summoned to face trial in case FIR No.122 dated 7.12.2010 under Sec. 304-B Penal Code registered at Police Station, Bhikhi.

(2.) On the statement of Sukhjit Singh, the aforesaid FIR was registered. The contends of the FIR read as under:

(3.) Learned counsel for the petitioner has contended that the petitioner is an unmarried sister-in-law of the deceased and there is no specific allegation of demand of dowry or harassment against the petitioner. He has further submitted that even the husband of the deceased has been acquitted in the case, though the mother-in-law of the deceased has been convicted by the trial Court. In the absence of any specific allegation against the petitioner, there was no justification for the trial Court to summon the petitioner on an application filed under Sec. 319 Cr.PC by the prosecution. The police did not find any evidence against the petitioner and, therefore, while presenting Challan, the police did not figure her name, rather, she was kept in Column No.2. In order to summon the petitioner, there should be enough material before the Court.