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1994 Supreme(P&H) 422

N.K.KAPOOR
Kamru – Appellant
Versus
State Of Haryana – Respondent


Judgment

N.K.Kapoor, J.

1. This is a revision petition for quashing of the charge- sheet, Annexure P-5, dated 17.9 1993.

2. Briefly put, on the statement of Sher Jang S/o Chhutmal (deceased), a charge sheet was framed by Additional Sessions Judge, Gurgaon, on 18.9.1992 against all the 12 accused persons including the petitioners. A copy of the charge-sheet is Annexure P-2. This charge-sheet was amended vide order dated 17.9.1993 conclusively stating that all those persons were members of unlawful assembly. In pursuance of the order dated 17.9.1993, three separate cases against the petitioners for allegedly causing injuries to Jafia wife of deceased Chhutmal; second charge sheet against all the accused persons including the petitioners for allegedly causing death of Chhutmal and injuries to three others; and third charge-sheet against four accused persons, namely, Kayyum, Mehmood Shah, Muneer and Suraj Mal. The grievance of the petitioners is that the charge-sheet Annexure P-5 against all the accused persons including the petitioners needs to be set aside/quashed on the ground that even as per narration of the events given in the first information report, presence of these petitioner




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