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High Court of Punjab and HaryanaCRR/191/2015dismissed

Baldev Singh v. State Of Haryana And ANR

2015-01-19Mr. Justice Krishna Murari2 pages

CRR-191-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR-191-2015 (O&M).

Decided on: January 19, 2015.

Baldev Singh ..... Petitioner(s)

Versus

State of Haryana and another ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Rahul Bhargava, Advocate, for the petitioner.

M.M.S. BEDI, J (ORAL) The petitioner is aggrieved by an order of not summoning Adarsh Kaur respondent No.2 as additional accused in a case of suicide. The petitioner had filed an application under Section 319 Cr.P.C., which was dismissed by the trial Court vide impugned order.

I have heard the learned counsel for the petitioner who has contended that it was respondent No.2 who had motive to pressurize the deceased to commit suicide. Her name stands mentioned in the FIR being present on the spot at the time of dispute regarding taking over possession of the land and hurling threats to deceased.

No doubt name of respondent No.2 Adarsh Kaur is RAJ KUMAR ARORA 2015.01.20 16:38 I attest to the accuracy and authenticity of this document

CRR-191-2015 (O&M) mentioned in the FIR, but absence of her name in the suicide note and no specific overt act having been attributed to her, the trial Court seems to have rightly exercised its jurisdiction in not summoning her as additional accused.

So far as the conspiracy of abetment of suicide attributed to respondent No.2 is concerned, prima facie, there does not appear to be relevant evidence available to corroborate the same.

Counsel for the petitioner submits that two other witnesses are yet to be examined who are likely to corroborate the testimony of PW.5 Dismissed at this stage, without prejudice to the rights of the petitioner to avail any legal remedy available to him in case some more relevant admissible evidence is brought on the record pointing towards the culpability and complicity of respondent No.2 sought to be added as accused.

(M.M.S. BEDI) January 19, 2015.

JUDGE rka RAJ KUMAR ARORA 2015.01.20 16:38 I attest to the accuracy and authenticity of this document