SURAIN SINGH Vs. STATE OF PUNJAB AND ANR

JUDGEMENT

(1.) Through this order, this court shall dispose of above captioned two criminal revisions i.e. Criminal Revision No.3371 of 2016 titled as "Surain Singh vs. State of Punjab and others" and Criminal Revision No.490 of 2017 titled as " Harnam Chand vs. State of Punjab " as the same arisen out of the common order.

(2.) In both the above-said criminal revisions, the order under challenge is order dated 02.07.2016 passed by learned Additional Sessions Judge, Fazilka, whereby the application filed by the prosecution under Section 319 Cr.P.C. for summoning of additional three accused namely Kuldeep Chand, Harnam Dass alias Chandi and Jeet Ram was partly allowed and only Kuldeep Chand and Harnam Chand were ordered to be summoned to face the trial, whereas, Jeet Ram was not summoned, as an accused. In CRR No.3371 of 2016, the complainant-petitioner has assailed the impugned order, on the ground that there are specific allegations against Jeet Ram and without appreciating the material on record, the trial court has not issued summoned Jeet Ram. Whereas, in CRR No.490 of 2017, Harnam Chand has challenged the impugned order, on the ground that no new material was placed on record of the trial court, which could justify his summoning under Section 319 Cr.P.C.

(3.) The brief facts of the case are that FIR No.196 dated 14.12.2015, under Section 366 , 366-A , 376 , 120-B of Indian Penal Code came to be registered at Police Station Sadar Jalalabad, District Fazilka, on the statement of Surain Singh, in which he stated that he had five children, three are sons and two daughters and youngest of the five was his daughter Veena Rani. His mother Milko Bai was looking after his children. On 08.12.2015, he along with his sons went to the brick kiln to prepare the bricks and his mother Milko Bai and daughter Veena Rani were present at the house. At about 11.30 a.m. their neighbour Manjit Kaur wife of Kuldeep Chand came at their house and took his daughter Veena Rani to her house on the pretext of plucking vegetable. When he came back at his house in the evening, then his mother Milko Bai disclosed that his daughter had been taken bu Manjit Kaur. Thereafter, he visited the house of Kuldeep Chand and others to inquire about his daughter, but they were not present in their house. It was mentioned that Kuldeep Chand husband of Manjit Kaur, her brother Jassu and one Harnam Chand @ Chandi Ram were already present there and they in connivance with each other made his daughter sit in the car of Harnam Chand. It is alleged by the complainant that Manjit Kaur, Kuldeep Chand had lured his daughter on the pretext of solemnizing her marriage with her brother Jassu.