Abid HussaIn Vs. State of Haryana - Court Judgment

SooperKanoon Citationsooperkanoon.com/1063822
CourtPunjab and Haryana High Court
Decided OnMay-21-2013
AppellantAbid Hussain
RespondentState of Haryana
Excerpt:
crm not m 3250.o”1. in the high court of punjab and haryana at chandigarh crm not m 3250.of 2012 date of decision:21. 5.2013 abid hussain ...petitioner versus state of haryana ...respondent coram: hon'ble mr.justice jitendra chauhan present: mr.sarfraj hussain, advocate for the petitioner mr.ajay gulati, dag, haryana **** jitendra chauhan, j. (oral) the present petition under section 482 of the code of criminal procedure has been filed for quashing the calendra annexure p- 2, under section 182 of ipc dated 28.3.2008 in case fir no.113 dated 15.6.2007, registered under sections 279, 336, 427, 323, 506, 34 of ipc at police station sadar ballabgarh, district faridabad. learned counsel for the petitioner contends that the proceedings under section 182 ipc cannot be initiated against the petitioner as the accused have been summoned and are facing trial, over the complaint lodged by the petitioner. heard. a ddr no.24, dated 23.2.2007, had been filed by the petitioner, whereupon no action was taken by the police. thereafter, on the direction of the jmic, faridabad, fir no.113 dated 15.6.2007, was lodged under sections 323, 336, 279, 427, 506, 34 of ipc against the crm not m 3250.o”2. accused persons. despite the direction, when no action was initiated in the fir, the petitioner approached this court, and on the direction by this court, the investigation was carried out and ultimately a cancellation report was prepared alongwith the calendra. thereafter, the petitioner filed another complaint no.127/1, dated 15.3.2008, against sakir etc., in which, the accused were summoned by the trial court. during the pendency of the said complaint, the police filed a cancellation report in the aforestated fir alongwith calendra, wherein, the petitioner had been summoned vide order dated 3.1.2009. subsequently, the petitioner filed an application for quashing the proceedings in the calendra, which was dismissed by the jmic, vide order dated 13.8.2012. the proceeding with regard to calendra is at the stage of prosecution evidence. the contention of the learned counsel that on the same allegations, the petitioner had filed criminal complaint, in which the accused in the fir, have been summoned to face trial, is no ground to quash the proceedings under sections 182 ipc. in view of the above, this court finds no merit in the present petition. as such, the present petition is dismissed. the trial court is directed to decide both the cases (the complaint filed by the petitioner and the calendra moved against the petitioner) together, so that no prejudice is caused to either of the parties. 21.5.2013 (jitendra chauhan) gsv judge
Judgment:

CRM not M 3250.o”

1. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM not M 3250.of 2012 Date of decision:

21. 5.2013 Abid Hussain ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.Sarfraj Hussain, Advocate for the petitioner Mr.Ajay Gulati, DAG, Haryana **** Jitendra Chauhan, J.

(Oral) The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the Calendra Annexure P- 2, under Section 182 of IPC dated 28.3.2008 in case FIR No.113 dated 15.6.2007, registered under Sections 279, 336, 427, 323, 506, 34 of IPC at Police Station Sadar Ballabgarh, District Faridabad.

Learned counsel for the petitioner contends that the proceedings under Section 182 IPC cannot be initiated against the petitioner as the accused have been summoned and are facing trial, over the complaint lodged by the petitioner.

Heard.

A DDR No.24, dated 23.2.2007, had been filed by the petitioner, whereupon no action was taken by the police.

Thereafter, on the direction of the JMIC, Faridabad, FIR No.113 dated 15.6.2007, was lodged under Sections 323, 336, 279, 427, 506, 34 of IPC against the CRM not M 3250.o”

2. accused persons.

Despite the direction, when no action was initiated in the FIR, the petitioner approached this Court, and on the direction by this Court, the investigation was carried out and ultimately a cancellation report was prepared alongwith the Calendra.

Thereafter, the petitioner filed another complaint No.127/1, dated 15.3.2008, against Sakir etc., in which, the accused were summoned by the trial Court.

During the pendency of the said complaint, the police filed a cancellation report in the aforestated FIR alongwith Calendra, wherein, the petitioner had been summoned vide order dated 3.1.2009.

Subsequently, the petitioner filed an application for quashing the proceedings in the Calendra, which was dismissed by the JMIC, vide order dated 13.8.2012.

The proceeding with regard to Calendra is at the stage of prosecution evidence.

The contention of the learned counsel that on the same allegations, the petitioner had filed criminal complaint, in which the accused in the FIR, have been summoned to face trial, is no ground to quash the proceedings under Sections 182 IPC.

In view of the above, this Court finds no merit in the present petition.

As such, the present petition is dismissed.

The trial Court is directed to decide both the cases (the complaint filed by the petitioner and the Calendra moved against the petitioner) together, so that no prejudice is caused to either of the parties.

21.5.2013 (JITENDRA CHAUHAN) gsv JUDGE