Rattan Singh v. State Of Haryana & ORS

CRR-3199-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR-3199-2015 (O&M).

Decided on: August 31, 2015.

Rattan Singh .. Petitioner(s)

VERSUS

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

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Bhupander Ghanghas, Advocate, for the petitioner.

M.M.S. BEDI, J. (ORAL) The son-in-law of the petitioner along with his parents is facing trial under Sections 406 & 498-A IPC. An application under Section 319 Cr.P.C., filed by the petitioner for summoning two sisters of the husband and one of their spouses has been dismissed vide impugned order.

Counsel for the petitioner submits that recovery of motorcycle was got effected by the husband from house of his sister pursuant to his disclosure statement made in custody. I have heard the counsel for the petitioner and carefully gone through the impugned order. It appears to be a case where an attempt is being made to seek trial of the sisters of the husband of the daughter of the complainant by roping in the entire family. It will certainly be a debatable issue whether recovery of the motorcycle at the house of sister could be deemed to be a recovery

CRR-3199-2015 (O&M) in accordance with law or whether it would lead to a presumption that one of sisters would be deemed to be in possession of the dowry article.

Taking into consideration the stage of the case when nine witnesses stand already examined, I do not find any ground to interfere in the impugned order dismissing the application under Section 319 Cr.P.C..

The petition is dismissed.

(M.M.S.BEDI) JUDGE August 31, 2015.

rka RAJ KUMAR ARORA 2015.09.02 12:51 I attest to the accuracy and integrity of this document