Faquir Chand Garg Vs.

Type Court Judgment Court Punjab and Haryana Decided Aug 16, 2013

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Citation: sooperkanoon.com/1070218
Court: Punjab and Haryana High Court
Decided On: Aug 16, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Faquir Chand Garg

Excerpt

.....malik, advocate for the petitioner. mr.gaurav dhir, dag, haryana. mr.nandan jindal, advocate for respondent no.2. **** sabina, j. petitioner has filed this petition under section 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. sandeep sethi 2013.08.20 17:14 i attest to the accuracy and integrity of this document crm not m-30032 of 2012 (o&m) -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.” 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 under section 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.....

Full Judgment

CRM not M-30032 of 2012 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (234) CRM not M-30032 of 2012 (O&M) Date of decision:

16. 08.2013.

Faquir Chand Garg ......Petitioner Versus State of Haryana and another .......Respondents CORAM: HON'BLE MRS.JUSTICE SABINA Present: Mr.Rajkapoor Malik, Advocate for the petitioner.

Mr.Gaurav Dhir, DAG, Haryana.

Mr.Nandan Jindal, Advocate for respondent No.2.

**** SABINA, J.

Petitioner has filed this petition under Section 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.

Sandeep Sethi 2013.08.20 17:14 I attest to the accuracy and integrity of this document CRM not M-30032 of 2012 (O&M) -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.”

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 under section 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.”

Hence, in compliance of the order passed by the Sandeep Sethi 2013.08.20 17:14 I attest to the accuracy and integrity of this document CRM not M-30032 of 2012 (O&M) -3- Trial Court, matter was further investigated and supplementary challan has been presented against the petitioner.

No ground for interference is made out.

Dismissed.

(SABINA) JUDGE August 16, 2013.

sandeep sethi Sandeep Sethi 2013.08.20 17:14 I attest to the accuracy and integrity of this document

Same Court & Year Punjab and Haryana · 2013 Same Parties Faquir Chand Garg vs Same Subject Education