JYOTI PHULIA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant revision petition has been filed by the petitioner challenging the order dtd. 19/3/2024, passed by the Court of learned Additional Sessions Judge, Karnal in case arising out of FIR No. 80 dtd. 24/1/2018, registered under Ss. 148, 149, 323, 324, 506 and 216 of IPC and Ss. 3(2)(va) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act'), whereby the petitioner had been ordered to be summoned as an additional accused on allowing of an application filed by the complainant under Sec. 319 of Cr.P.C.

(2.) Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a complaint filed by complainant Sandeep alleging that accused Sumit was his friend who used to make calls to their other friends by taking cellphone of the complainant. On 9/1/2018, Sumit insisted the complainant to accompany him to Karnal for the purpose of buying some clothes. When they reached in the vicinity of Karnal, Sumit made the complainant to stop at Atal Park on the premise that he had to take money from someone. On reaching the park, he took the phone of the complainant and made a call to the present petitioner, who was already present there. Sumit went towards the petitioner. In the meanwhile, six youths reached there armed with weapons and while proclaiming that they would teach him a lesson for talking with a girl, they opened an attack upon the complainant and caused injuries on his person with knives and by giving kicks and fist blows. On intervention of other persons, who were present in the park, they fled away while extending threats to him. The complainant alleged that he had been admitted in the hospital and the police was informed at that time but no action was taken.

(3.) After registration of the FIR, investigation proceedings were initiated. The petitioner was found to be innocent. She had not been arrested and challaned. Her name was kept in Column No. 2 of the challan report. Subsequently, during the course of trial, the complainant moved an application under Sec. 319 of Cr.P.C. for summoning the petitioner as an additional accused, which was allowed, vide impugned order dtd. 19/3/2024. As such, the petitioner was ordered to be summoned to face trial for commission of offences punishable under Ss. 323, 324, 506, 216, 148, 120-B and 149 of IPC and Ss. 3(2)(va) and 3(1)(r) of the SC/ST Act. Feeling aggrieved, the petitioner has filed the present petition.