In CRR-2079 of 2022(O&M)-PUNJ HC- Criminal law cannot be put to motion merely on basis of oral statement of complainant: P&H HC
Justice Jagmohan Bansal [09-02-2023]

Read Order: Smt. Savitri v. The State of Haryana and others

Monika Rahar

Chandigarh, February 10, 2023:The High Court of Punjab and Haryana has held that the criminal law cannot be put to motion merely on the basis of oral statement of complainant. 

"Criminal trial always causes mental and physical agony", the Bench of Justice Jagmohan Bansal held. 

Through the instant petition, the petitioner assailed the order of the Sessions Judge, Nuh whereby the petitioner's application under Section 319 Cr.P.C. seeking summoning of private respondents herein, was dismissed. 

The brief facts of the case are that complainant Savitri Devi was admitted in a hospital in 2019 with alleged history of taking of unknown substance. The police recorded her statement wherein she disclosed that some liquid was forcefully administered to her by her husband and his family members, while allegedly making a remark stating that she would be done to death.

On the complaint of Savitri Devi, an FIR was registered against her husband and other family members. The challan was presented against husband. The police during investigation collected FSL report and came to a conclusion that “no common poison or drug was detected in the gastric lavage”. 

The complainant's father-in-law was about 70 years old and other members of the family were admittedly residing separately. The allegations were general and vague.

The petitioner, during the course of trial appeared before the trial court and tendered her statement. On the basis of her statement, an application under Section 319 Cr.P.C. came to be filed.

The trial court after noticing all the facts dismissed application of the petitioner.

After hearing the parties, the Court perused the case record and observed that no illegality or infirmity could be found in the impugned order.

The Bench opined that the criminal law cannot be put to motion merely on the basis of oral statement of complainant. "Criminal trial always causes mental and physical agony", the Court asserted. 

Adverting to the present case, the Bench observed that the petitioner was attempting to implicate her 70-year-old father-in-law who and other relatives who were not even residing with her. 

"The intention of the petitioner seems to implicate as much as possible members of the husband family", the Court observed. 

The instant petition was thus dismissed.