IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc. No. M-28567 of 2009 (O&M)
Date of decision: 5.11.2009
Balviro Bai @ Balvir Kaur
.. Petitioner
v.
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. L. S. Sidhu, Advocate for the petitioner.
Mr. Anter Singh Brar, Senior Deputy Advocate General, Punjab.
..
Rajesh Bindal J.
On 13.10.2009, following contentions of learned counsel for the
petitioner were recorded:
” Learned counsel for the petitioner submits that the petitioner was
neither named in the FIR nor at the time of presentation of challan
she was put in column No. 2. It is only during the course of evidence
that the prosecution filed an application under Section 319 Cr.P.C.
and the petitioner has been summoned to face trial.”
Today, learned counsel for the petitioner submitted that in terms of
the order passed, the petitioner has already put in appearance before the court
below and submitted her bail bonds. It is a case where there was substantial
improvement in the statement of the prosecutrix as was recorded under Section
161 Cr.P.C. and what was recorded in the court. Still, as the petitioner has been
summoned in an application filed by the prosecution under Section 319 Cr.P.C.,
she will face trial. The other accused specifically named in the FIR are already in
custody.
Considering the aforesaid facts, the interim order passed by this
Court on 13.10.2009 is made absolute.
The petition stands disposed of.
(Rajesh Bindal)
Judge
5.11.2009
mk