Anil Sanyal vs State of H.P. and Others

Kuldip Singh, Judge

This judgment shall dispose of Criminal Revision Nos.126, 127 and 128 of 2011 as common question of law is involved in all the revisions. These revisions have been directed against the order dated 22.06.2011 passed by Special Judge, Mandi. It has been submitted by learned counsel for the petitioner that the Special Judge has erred in discharging Sudhur Chand, Rakesh Kumar, Rajiv Sood, Harish Kumar, Dalip Singh, Narender Kumar and Ram Singh. It has been submitted that Sudhur Chand, Rakesh Kumar, Rajiv Sood, Harish Kumar, Dalip Singh, Narender Kumar and Ram Singh are co-accused with the petitioner in the case.

I have perused the reports u/s 173 Cr.P.C. In the said reports, Dharam Chand and Anil Kumar Sanyal have been named as accused, whereas Sudhur Chand, Dalip Singh, Narender Kumar, Harish Kumar, Rajiv Sood, Ram Singh, and Rakesh Kumar Chauhan have been shown in column 12 which column is meant for particulars of accused persons not charge-sheeted (suspect). In the reports u/s 173 Cr.P.C filed in the Court below, Sudhur Chand, Dalip Singh, Narender Kumar, Harish Kumar, Rajiv Sood, Ram Singh and Rakesh Kumar Chauhan have not been named as accused, but as suspects only. No doubt, the Special Judge, Mandi, has used expression discharged for Sudhur Chand, Dalip Singh, Narender Kumar, Harish Kumar, Rajiv Sood, Ram Singh and Rakesh Kumar Chauhan. Once Sudhur Chand, Dalip Singh, Narender Kumar, Harish Kumar, Rajiv Sood, Ram Singh and Rakesh Kumar Chauhan are not accused in the reports u/s 173 Cr.P.C., there is no question of their discharge by the Special Judge vide order dated 22.06.2011. The petitioners cannot be said to be aggrieved by the order dated 22.06.2011 with respect to Sudhur Chand, Dalip Singh, Narender Kumar, Harish Kumar, Rajiv Sood, Ram Singh, and Rakesh Kumar Chauhan. The petitioners have not challenged the orders dated 22.06.2011 for proceeding against them. There is no merit in the revisions which are dismissed. The pending application (s) are also disposed of in view of disposal of main petitions. Record of Court below be sent back if not required, in any, other connected cases.