SATYA DEVI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Present petition is directed against the order dated 08.10.2012 (Annexure P-5) passed by the learned Judicial Magistrate 1st Class, Moga, whereby petitioner was summoned under Section 319 of the Code of Criminal Procedure ('Cr.P.C.' for short) and also the order dated 30.08.2013 (Annexure P-6) passed by learned Sessions Judge, Moga, dismissing the revision petition filed by the petitioner. Notice of motion was issued and pursuant thereto, reply was filed on behalf of the State.

(2.) Shorn of detailed background of the case, it would suffice to note that FIR No.148 dated 11.09.2007 under Sections 325, 323, 34 IPC was registered at Police Station City (South), District Moga. The investigating agency found the petitioner as innocent. Challan was presented only against Rajiv Kumar son of the petitioner. During the course of trial, an application under Section 319 Cr.P.C. came to be filed which was allowed by the learned Judicial Magistrate 1st Class, Moga vide impugned order dated 08.10.2012 (Annexure P-5).

(3.) Learned counsel for the petitioner submits that both the learned Courts have misdirected themselves, while passing their respective impugned orders. He further submits that there was no evidence, whatsoever, available against the petitioner which could have been said to be sufficient for summoning the petitioner, as an additional accused to face the criminal trial. Since both the learned Courts have miserably failed to appreciate the relevant principles of law applicable in the present case, the impugned orders have resulted in miscarriage of justice and the same are liable to be set aside. He prays for setting aside the impugned order, by allowing the present petition. On the other hand, learned counsel for the State submits that there is no illegality in either of the impugned orders passed by the learned Courts. Impugned order passed by the learned Magistrate was fully justified. Similarly, the learned Sessions Judge committed no error of law, while passing the impugned order. Both the impugned orders deserve to be upheld. He prays for dismissal of the present petition.