LAKHBIR KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Present criminal revision petition is directed against the order dated 6.1.2015 passed by the learned Additional Sessions Judge (Fast track), Jalandhar, whereby petitioner was summoned as an additional accused to face the trial in FIR No. 258 dated 20.11.2013 under Sections 307/115/120-B/34 of the Indian Penal Code ('IPC' for short) and Sections 25/54/59 of the Arms Act, 1959, registered at Police Station Division No. 7, Jalandhar, allowing an application filed under Section 319 of the Code of Criminal Procedure ('Cr.P.C.' for short).

(2.) Notice of motion was issued and proceedings qua the petitioner before the learned trial court were stayed by this Court, vide order dated 4.3.2015.

(3.) Learned counsel for the petitioner submits that learned trial Judge has misdirected himself, while passing the impugned order. There was no evidence, much less sufficient evidence, so as to connect the present petitioner with the offences alleged in the FIR, which was registered against unknown persons. He further submits that since the petitioner was not named in the FIR, there was no scope of levelling any allegation against her. Even during the course of investigation, no incriminating material came to the notice of the investigating agency against the petitioner, as is clear from police report under Section 173 Cr.P.C. (Annexure P-6). Vikramjit Singh @ Vikramveer Singh-brother of Karanveer Singh-complainant, was married with the petitioner-Lakhbir Kaur @ Jyoti. Some disputes, including the matrimonial dispute, were going on between husband and wife, because of which the petitioner has been sought to be falsely implicated in the present case, as an additional accused with the aid of Section 319 Cr.P.C. This was the strong reason and motive with the complainant to falsely implicate the petitioner.