Criminal Misc. No. M-16360 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-16360 of 2011 Date of Decision: 30.5.2011 Ranjit Kaur …Petitioner Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Jasbir Singh Chahal, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. praying that directions be issued to respondents No.2 to 4 to initiate legal action against respondent No.5-Harcharan Singh and respondent No.6-Sarabjit Kaur, who were named as accused in case FIR No. 31 dated 3.5.2010, registered at Police Station Dera Baba Nanak, District Gurdaspur, under Sections 307 and 34 IPC. Lateron, an offence under Section 302 IPC was added. Mr. Jasbir Singh Chahal, Advocate, appearing for the petitioner/complainant has submitted that the death of daughter of the petitioner was in unnatural circumstances. Learned counsel further submits that dying declaration of the deceased was recorded by the Judicial Magistrate Ist Class, Batala and respondents No.5 and 6 were specifically named by her. Learned counsel has contended that dying Criminal Misc. No. M-16360 of 2011 2 declaration is to be believed without any corroboration as maker thereof, near her death, would not speak any lie. Learned counsel submits that there was no reason for the Investigating Officer to dissent with the dying declaration wherein respondents No.5 and 6 have been specifically named. Learned counsel further submits that therefore, the conduct of the Investigating Agency to absolve respondents No.5 and 6 and place them in column No.2 cannot stand judicial scrutiny. This Court, at this stage, will not examine the contention advanced by learned counsel for the petitioner as report under Section 173 Cr.P.C. has been submitted and husband of the deceased namely Amrit Pal Singh, son of respondents No.5 and 6, has been named as accused. The petitioner will be at liberty to file an application under Section 319 Cr.P.C., at appropriate stage, calling upon the trial Court to summon respondents No.5 and 6 to face trial. As and when such an application is filed, the same shall be dealt with in accordance with the provisions of law. With the observations made above, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge May 30, 2011 “DK”