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2016 Supreme(Del) 4336

S.P.GARG
Yashwinder Malik – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioner: Mr. Lovkesh Sawhney, Mr. Jaideep Malik
For the Respondent: Mr. Amit Gupta, Ms. Anindita Pujari, Mr. Santosh Kumar

JUDGMENT :

S.P. Garg, J.

1. Aggrieved by an order dated 07.01.2015 of learned Addl. Sessions Judge in Sessions Case No.34/2001 arising out of FIR No.1178/2009 PS Panipat City by which charges under Sections 364A, 342, 376(2)(f), 511, 506 IPC against Yashwinder Malik (P-1); and under Section 308 IPC read with Section 120B IPC; in the alternative under Section 326 IPC read with Section 120B IPC against Mandeep @ Maan (P2) were ordered to be framed, the petitioners – (P-1 and P-2) have filed the instant petitions to challenge its legality and correctness. Status report is on record. The petitions are contested by the complainant/victim.

2. The victim/complainant has also filed Crl.R.P.591/2015 to challenge the order on charge to the extent that the Trial Court committed error in framing charge under Section 308 IPC and not Section 307 IPC.

3. I have heard the learned counsel for the parties and have examined the file minutely.

4. Admitted position is that the complainant ‘X’ (changed name) had married Arshad Siddiqui on 13.01.2007; it being a love marriage against the wishes of their family members. After the marriage, they started living at Panipat (Haryana) in February, 2007. The complai























































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