Punjab-Haryana High Court
Mohd Hafiz Niyaz vs State Of Haryana & Ors on 25 September, 2014
Author: M.M.S. Bedi
Bench: M.M.S. Bedi
229 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR No.1404 of 2014
Decided on: 25.09.2014
Mohd. Hafiz Niyaz
..... Petitioner
Versus
State of Haryana and others
..... Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
Present: Mr. H.S. Rakhra , Advocate
for the petitioner.
Mr. Suvir Sidhu, Dy. AG., Haryana.
M.M.S. BEDI, J (ORAL).
Petitioner is aggrieved by dismissal of an application under Section 319 Cr.P.C. for summoning the additional accused Kasam, Jamaluddin and Hazara in proceeding under Section 304-B, 498-A, 406, 34 IPC. The FIR was registered in the year 2010.
Counsel for the petitioner submits that there are specific allegations against all the accused persons that niece of the complainant who was married to Azad was harassed by her husband and other family members. The accused sought to be summoned as additional accused are father-in-law, mother-in-law and brother-in-law (Jija) of husband of the deceased. POOJA SHARMA 2014.09.27 11:32 I attest to the accuracy and integrity of this document CRR No.1404 of 2014 -2-
Counsel for the petitioner submits that petitioners were not found innocent but their name were kept in Column No.2 because they could not be arrested.
State counsel on the instructions of ASI Ajit Singh and on the basis of the police record informs that two inquiries were conducted by DSP, Crime Branch after presentation of the challan and that the parents of the husband and brother-in-law were found innocent. On asking of the Court, it has been informed that 14 witnesses have already been examined.
Taking into consideration the stage of the case and the other circumstances, I do not find any ground to interfere in the order passed by the trial Court dismissing the application for summoning the relations of the husband as additional accused.
Petition is dismissed without prejudice to the rights to avail any other remedy open to the petitioner in accordance with law.
25.09.2014 (M.M.S.BEDI)
ps JUDGE
POOJA SHARMA
2014.09.27 11:32
I attest to the accuracy and
integrity of this document