SUNITA CHAUHAN Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-7-52
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on July 31,2013

Sunita Chauhan Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) A first information report was lodged by PW 2 Ramesh Kumar against accused Anil Kumar on 09.03.2003, in PS Jwalapur, Haridwar, which was registered as case crime no. 73 of 2003, under Section 364 IPC. When the trial began before learned 3rd Additional Sessions Judge/FTC, Haridwar, four prosecution witnesses were examined on behalf of the prosecution. Thereafter, prosecution moved an application for summoning Sunita Chauhan (present revisionist) as accused under Section 319 of Cr.P.C., which was allowed vide order dated 10.07.2008. Aggrieved against the said order, present Criminal Revision was preferred on behalf of Smt. Sunita Chauhan.
(2.) A bare reading of the first information report will indicate that applicant Sunita Chauhan's name did not figure in the first information report. Neither the informant, nor any of his witnesses uttered the name of Sunita Chauhan in their statements under Section 161 Cr.P.C. The question of filing of charge-sheet against Sunita Chauhan, therefore, did not arise.
(3.) Only one accused Anil Kumar was named in the first information report. In all, seven accused persons were charge-sheeted, three of whom were absconders. During the course of trial, learned 3rd Additional Sessions Judge/FTC, Haridwar, exercised his jurisdiction under Section 319 Cr.P.C. only on the statement of PW 4 Ram Avtar.;


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