Punjab-Haryana High Court
Devinder Kaur And Another vs State Of Punjab on 9 August, 2012
Author: M.M.S.Bedi
Bench: M.M.S.Bedi
Crl.Misc.No.M-22498 of 2011 {1}
IN THE HIGH COURT OF PUNJAB AND HARAYANA AT
CHANDIGARH
Crl.Misc.No.M-22498 of 2011
Date of decision:09.08.2012
Devinder Kaur and another
...Petitioners
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE M.M.S.BEDI
Present: Mr.H.S.Gill, Sr.Advocate with
Mr.Vivek Goel, Advocate for the petitioners.
Mr.K.S.Pannu, DAG, Punjab.
M.M.S.Bedi, J. (Oral)
Petitioner No.1 namely Devinder Kaur and petitioner No.2 namely Simarjit Singh Kaknia have been summoned as additional accused vide order dated 23.7.2009 (Annexure P-2) by the Judicial Magistrate 1st Class, Jalandhar, under Section 319 Cr.P.C. in a case FIR No.52, dated 14.5.2002 for offences under Sections 332, 353, 427, 186, 149 & 149 IPC, registered at Police Station Bhogpur, District Jalandhar.
The said order was challenged in revision petition before the Sessions Court but the same has been dismissed by Additional Sessions Judge, Jalandhar vide order dated 12.5.2011.
Through the instant petition filed under Section 482 Cr.P.C., the propriety of order dated 23.7.2009 and order dated 12.5.2011 have been challenged, alleging that summoning of the petitioners as additional accused is an abuse of process of the Court. FIR in the case was registered at the Crl.Misc.No.M-22498 of 2011 {2} instance of ASI Jarnail Singh alleging that on 14.5.2002 when complainant along with other officials were going on a private vehicle for conducting a raid in the house of Devinder Kaur-petitioner No.1 and petitioner No.2 regarding FIR No.57 under Sections 420, 120-B IPC, registered at Police Station Dasua on the complaint of one Sucha Singh. Two ladies were found near the house of the petitioner No.1, talking to each other. Such Singh informed the ASI Jarnail Singh that the said two ladies were Devinder Kaur and other. After the petitioner No.1-Devinder Kuar was arrested with the help of lady constable namely Tej Kaur, the petitioner raised alarm on which, Gurdial Singh, Karnail Singh, Paramjit Kaur, Rani, Dalip Kaur came out of the house besides Baldev Kaur. Paramjit Kaur, Rani and Baldev Kaur caught hold of lady constable-Tej Kaur in order to rescue Davinder Kaur. Pushes and Pulls were given to Tej Kaur as a result of which her uniform was torn. Dalip Kaur pulled the beard of Sucha Singh. Karnail Singh scuffled with Balkar Singh and due to this uniform of Balkar Singh was torn. Petitioner No.2 gave blow of bricks and bats on the shoulder and right elbow of Balkar Singh. After recording the statement of lady constable Tej Kaur, application under Section 319 Cr.P.C. was filed, which was allowed vide order dated 23.7.2003.
It is pertinent to observe here that the petitioners had been found innocent during the course of investigation. Learned counsel for the petitioners has submitted that the petitioners have been summoned for offences under Section 332, 353, 427, 186 and 148 read with section 149 IPC. It has has been submitted that bar of Section 195 Cr.P.C. does not allow the court to take cognizance of offence under Section 186 Cr.P.C. The Crl.Misc.No.M-22498 of 2011 {3} offence under Sections 332 and 353 are integral part of the Act and part of some transaction. It has been informed during the course of hearing that on the basis of trial conducted against the main accused, they have been acquitted vide judgment dated 1.6.2012. Copy of the said judgment has been produced during the course of the arguments.
Learned State counsel on instructions from ASI Swaran Singh informs that all other accused have been acquitted.
In view of the said subsequent event, the petition deserves to be allowed. When the main accused with whom the petitioners was to be tried as an additional accused stand already acquitted, the continuation of criminal proceedings against the petitioners will be the abuse of process of the Court. It is also pertinent to observe that when the order under Section 319 Cr.P.C. was passed, the petitioner was not in India. Summoning order under Section 319 Cr.P.C. and criminal proceedings against the petitioners are hereby set aside solely on the ground that the main accused stand already acquitted.
In such circumstances, the order requiring petitioners to be tried as an additional accused with the main accused has become infructuous. This petition is allowed and order dated 23.7.2009 passed by the Judicial Magistrate 1st Class, Jalandhar and order dated 12.5.2011 passed by Additional Sessions Judge, Jalandhar are hereby set aside.
09.08.2012 ( M.M.S.Bedi ) sd Judge