SUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present revision petition has been directed against the impugned order dtd. 19/9/2024, wherein the application moved by the petitioner under Sec. 319 Cr.P.C., for summoning the respondents no.2 and 3 as additional accused has been dismissed.

(2.) The brief facts of the case unfolds that the accused including Respondents no.2 and 3 compelled and abetted Bhushan Saini (since deceased) to commit suicide wherein FIR No. 0087 dtd. 18/2/2020 under Sec. 306, 34 of IPC was registered at Police Station City Narnaul, District Mahendergarh. In investigation, the police authorities have wrongly declared Respondents no. 2 and 3 as innocent wherein it is apparent from the FIR that the deceased informed respondents no. 2 and 3 regarding he being harassed and tortured by Rekha Saini and she was constantly supported by respondents no.2 and 3 in this act and being fed up with this mental harassment, the deceased ended his life by strangulating himself on 19/9/2019.

(3.) Counsel for the petitioner contends that the trial court has erred in dismissing the application under sec. 319 Cr.P.C by placing reliance upon judgment passed by the Apex Court in 'Hardeep Singh vs State of Punjab 2014 (1) RCR (Crl) 623 (SC)' wherein it has been held that power under Sec. 319 Cr.P.C., is discretionary and extraordinary, which should be exercised sparingly and only in those cases where the circumstances of the case so warrant, and that it is not to be exercised because the Magistrate or the Sessions Judge is of the opinion that some other person may also be guilty of committing that offence. Only where strong and cogent evidence occurs against a person from the evidence led before the court that such power should be exercised and not in a casual and cavalier manner. He further contends that the bare reading of FIR, WhatsApp chat and statement of PW-1 clearly depicts that Respondent no.2 and 3 were actively involved in connivance with main accused Rekha for causing mental agony to the Deceased-Bhushan and therefore the same cannot be said to be suicide rather a pre-planned murder.