High CourtsSingle Bench(2014) 05 P&H CK 0261

Jag Mohan vs State of Haryana and Others

Punjab And Haryana At Chandigarh · Decided on 20 May 2014

HON’BLE JUDGES
M.M. Singh Bedi, J
RESULT
Dismissed
CASE NUMBER
CRR-1436-2014 (O&M)

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Judgment

7 paragraphs · 254 words

M.M. Singh Bedi, J.—Petitioner is aggrieved by the order dated 10.3.2014, passed by the Additional Sessions Judge, Kurukshetra partly allowing the application of the petitioner u/s 319 Cr.P.C. but dismissing the same qua respondent Nos. 2 to 4.

2.

Counsel for the petitioner submits that in view of the role attributed to respondent Nos. 2 to 4, they are liable to be tried along with other co-accused.

3.

On asking of the Court, it has been informed that by now 18 witnesses stand already examined.

4.

Counsel for the petitioner has vehemently urged that PW Jagmohan has specifically named Hardeep Singh to have given a rod blow on the legs and thighs of Ravinder Singh. The impugned order indicates that no specific injury is attributed to respondent No. 2 Kailasho Devi. Prima facie, it is a case of over zealous witness adamant to array the large number of persons in the occurrence. The trial Court after application of judicious mind and the record has opted to allow the application partly.

5.

Considering the facts and circumstances of the present case in context to the judgment in case Michael Machado and Another Vs. Central Bureau of Investigation and Another, , and taking into consideration the stage of the trial and the nature of allegations no ground, at this stage, is made out to interfere in the impugned order especially when 18 witnesses stand already examined.

6.

Dismissed.

7.

Nothing mentioned in this order will prejudice the rights of the petitioner during the course of trial.