Case Title: Geeta Devi and Anr v. State of Punjab and Anr
Case No: CRR-4871-2017
Decided on: 5th January, 2024
CORAM: Hon’ble Pankaj Jain J.
Facts of the Case
The judgement dated 17.10.2017, which the extra Sessions Judge, Fazilka, gave to grant the prosecution’s motion under Section 319 Cr.P.C. to call the petitioners as extra accused in FIR No.156 dated 10.08.2015, is being challenged in the current revision case. Manjit Singh first submitted the first police report (FIR), claiming that his brother Joginder Singh had been kidnapped and demanding a ransom. During the course of the inquiry, the investigating agency found insufficient evidence to convict the petitioners. The court underlined, citing legal precedence, that the authority under Section 319 Cr.P.C. should only be employed where there is more than a prima facie case. The complainant’s evidence contained no specific claims against the petitioners. As a result, the summons order is annulled and the revision petition is granted.
Legal Provisions
This revision case challenges the October 17, 2017 ruling by the Extra Sessions Judge, Fazilka, granting the prosecution’s request to include the petitioners as additional accused in FIR No. 156 dated August 10, 2015, under Section 319 Cr.P.C. The FIR initially implicated the petitioners under IPC Sections 365 and 342, later amended to include Sections 364-A, 302, 148, and 149. The investigative agency, due to insufficient evidence, exonerated the petitioners in a report filed under Section 173 Cr.P.C. The court, emphasizing that Section 319 Cr.P.C. authority requires more than a prima facie case, referenced the precedent in Hardeep Singh v. State of Punjab (2014). As a result, the summons order was revoked, and the revision petition was granted.
Issues
The petitioner challenges a summons issued under Section 319 Cr.P.C. by the Additional Sessions Judge, Fazilka, relating to their inclusion as extra accused in FIR No. 156 dated 10.08.2015. Originally, the FIR involved charges under IPC Sections 365 and 342, later modified to include more serious allegations. Despite the complainant targeting Daulat Ram, the petitioners (Geeta Devi, Madan Lal, and Rajinder Kumar @ Raju) were found not guilty. Legal concerns revolve around the sufficiency of evidence against the petitioners and whether Section 319 Cr.P.C. jurisdiction can be exercised beyond a prima facie case. Citing Hardeep Singh v. State of Punjab (2014), the court emphasized that Section 319 Cr.P.C. authority should only apply with a stronger case than mere prima facie evidence, potentially leading to the setting aside of the summons order.
Courts analysis and decision
The prosecution’s motion under Section 319 Cr.P.C. was allowed by Additional Sessions Judge Fazilka in the current case, which challenges the ruling dated 17.10.2017. The prosecution summoned the petitioners as additional accused in FIR No.156 dated 10.08.2015. Manjit Singh filed the first complaint, which claimed that his brother Joginder Singh had been kidnapped and that he had then been demanded to pay a ransom. The inquiry concluded that there was insufficient evidence to convict Madan Lal, Geeta Devi, and Rajinder Kumar, the petitioners. The claims made by the complainant were mainly aimed at Daulat Ram. Citing the 2014 constitutional bench ruling in Hardeep Singh v. State of Punjab, the court underlined that Section 319 Cr.P.C. requires more than a prima facie case in order to have jurisdiction. The summons order was revoked when the court determined that the petitioners’ involvement was only based on a vague claim without any supporting evidence. Consequently, the revision petition was granted, and an order was issued to set aside the contested decree.
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Written by- Aastha Ganesh Tiwari
