High Court of Punjab and HaryanaCRR/3565/2016dismissed

Seema v. State Of Haryana And ANR

2017-03-20Mrs. Justice Raj Rahul Garg2 pages

Crl. Revn. No. 3565 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Revn. No. 3565 of 2016 Date of decision :- 20.03.2017 Seema ....Petitioner versus State of Haryana and anr.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Pankaj Mehta, Advocate for the petitioner **** RITU BAHRI , J. (Oral) The present petition is against order dated 05.08.2016 whereby application filed by the petitioner under Section 319 Cr.P.C was dismissed.

A bare perusal of the impugned order shows that the application of the petitioner had been dismissed, as the accused had 60% burn injuries and remained admitted in PGIMS Rohtak for about 2 1⁄2 months and had she participated in the crime then there was no possibility to receive such burn injuries on her person. She might received this injuries while trying to save the deceased. Further the deceased was brought up by her father and grand parents and the present petitioner did not even attend the marriage of her deceased daughter. Thus, there was no role of accused in committing the alleged crime and has rightly been placed in column No. 2 of challan report.

GAURAV ARORA 2017.03.21 15:46 I attest to the accuracy and integrity of this document Chandigarh

Crl. Revn. No. 3565 of 2016 Heard.

All the above said evidence were sufficient enough to dismiss the application under Section 319 Cr.P.C, as Hon'ble the Supreme Court has consistently held that the evidence should be more than prima facie evidence, if the additional accused are to be summoned. The petition stands dismissed.

20.03.2017 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No GAURAV ARORA 2017.03.21 15:46 I attest to the accuracy and integrity of this document Chandigarh