ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE challenge in the present petition is to the order dated February 26, 2005 passed by the Chief Judicial Magistrate, Ambala whereby the petitioner was directed to be summoned in an application filed by the prosecution under Section 319 of the Code of Criminal Procedure (for short 'the Code"). The order dated February 20, 2006 passed by learned Additional Sessions Judge, Ambala in revision filed against the order dated February 26, 2005 is also under challenge.

(2.) THE present proceedings arise out of FIR No. 533 dated November 25, 2001 under Sections 406, 498 -A, 504, 506, 325, 34 IPC lodged by the complainant Smt. Madhu alias Pooja. The marriage between complainant and Virender Singh was solemnized on November 27, 1995 and the petitioner is husband of sister of the husband of the complainant (Nandoi). Though initially the name of the petitioner was also mentioned in the complaint, however, on investigation the petitioner was found to be innocent and the challan was presented only against the husband and mother -in -law of the complainant. Application under Section 319 of the Code for summoning the petitioner alongwith two other accused, who were left out in the investigation by the police was filed immediately after the examination -in -chief of the complainant was complete. Learned Magistrate relying upon her statement directed summoning of the petitioner vide order dated February, 26, 2005 which order was upheld by the learned Additional Sessions Judge in revision.

(3.) ON the other hand, Learned Counsel for the State submitted that statement of the complainant was sufficient to summon the accused at this stage. He will have due opportunity to contest the claim made by the prosecution at the stage of framing of charges. He further raised objection of maintainability of the revision as the petitioner has already availed of the remedy of revision before the learned Additional Sessions Judge.