KARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This criminal revision petition is directed against the order dtd. 29/3/2017 passed by Additional Sessions Judge, Ferozepur vide which while exercising revisional jurisdiction, the petitioners have been summoned as additional accused allowing application under Sec. 319 Cr.P.C. while setting aside well reasoned order dtd. 27/8/2015 passed by the trial Court.

(2.) Briefly stated the facts of the case are that complainant Baljit Kaur had got registered F.I.R. No. 32 dtd. 24/3/2014 under Sec. 498-A IPC with Police Station Makhu on the allegations that at the time of her marriage with Ranbir Singh about 8-9 years earlier, her parents had given dowry articles beyond their capacity, however, her husband Ranbir Singh, father-in-law Karnail Singh, mother-in-law Palwinder Kaur, sister in law Prabhjot Kaur, all residents of Village Dibwala, Police Station Makhu, Tehsil Zira, District Ferozepur were unhappy with the dowry brought by the complainant and they started harassing and maltreating the complainant in connection with demand of more dowry articles. She used to be given beatings even and while she was in family way she was turned out of the matrimonial home. She gave birth to a daughter namely Ramneek Kaur at her parental home. With great efforts by the parents of the complainant and other respectables, complainant could be rehabilitated in the matrimonial home. However, her maltreatment on account of demand of more dowry continued. The complainant gave birth to a son namely Abhijot Singh. However, there was no change in the attitude of the accused. The complainant was turned out of the matrimonial home; though later on the matter was compromised and the complainant along with her children returned to the matrimonial home. However, tale of her woes continued. Ultimately the complainant reported the matter to the police complaining against her harassment and maltreatment at the hands of the accused in connection with dowry and accused having committed criminal breach of trust with regard to her dowry articles. The matter was investigated. The local police did not find any merit in the allegations against the persons named in the F.I.R. except Ranbir Singh.

(3.) The challan has been filed in the Court against Ranbir Singh and the trial is proceeding, during the course of which an application under Sec. 319 Cr.P.C. was filed by the prosecution to summon Karnail Singh and his wife Palwinder Kaur as additional accused. That application was 2 of 5 dismissed by the trial Magistrate vide order dtd. 27/8/2015. Feeling aggrieved, the complainant had approached the Court of Sessions by way of filing a revision petition which was assigned to Additional Sessions Judge, Ferozepur, who vide order dtd. 29/3/2017 accepted the revision petition by setting aside the order passed by the trial Court and trial Court was directed to pass order in accordance with law clarifying that whatsoever had been observed or recorded in the order shall not have any impact on the merits of the main case. Now the persons sought to be summoned as additional accused have approached this court by way of filing the present criminal revision petition.