High CourtsSingle Bench(2013) 08 P&H CK 0403

Faquir Chand Garg vs State of Haryana and Another

Punjab And Haryana At Chandigarh · Decided on 16 August 2013

HON’BLE JUDGES
Sabina, J
CASE NUMBER
CRM No. M-30032 of 2012 (O and M)

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Judgment

6 paragraphs · 320 words

Sabina, J.—Petitioner has filed this petition u/s 482 of the Code of Criminal Procedure, 1973 challenging the order dated 05.06.2012 whereby, he was ordered to be summoned to face the trial as an accused on presentation of supplementary challan in FIR No. 382 dated 16.08.2005 under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 registered at Police Station City Karnal. I have heard learned counsel for the parties and have gone through the record available on the file carefully.

2.

In the present case, at the time of framing of charges against the accused against whom challan had been presented, the Trial Court vide order dated 16.01.2012 (Annexure C-1) attached with the reply filed by the complainant reveals that the Trial Court has held as under:--

Therefore, I deem it appropriate before proceeding further to seek further investigating report as per the provisions of Section 173(8) of Cr.P.C. from SHO PS City, Kaithal to enquire into the matter and to report about the involvement of Brit Singh and role of accused summons namely P.C. Mehandiratta, the then officer of SBOP, Kaithal and P.C. Garg, the then Manager of SBOP Kaithal. Copy of order be sent to him for compliance. He shall submit his report on or before 20.03.2012.

3.

In pursuance thereto, supplementary challan was presented against the petitioner and the impugned order dated 05.06.2012 was passed. The said order reads as under:--

Supplementary challan after conducting further investigation in terms u/s 173(8) Cr.P.C. has been received today. The same tagged with the main challan which has already been submitted before this court. As per the challan Fakir Chand has been arrayed as an accused. Notice to him be issued for 03.08.2012.

4.

Hence, in compliance of the order passed by the Trial Court, matter was further investigated and supplementary challan has been presented against the petitioner. No ground for interference is made out. Dismissed.