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2011 Supreme(P&H) 940

NIRMALJIT KAUR
Jai Parkash – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
Mr. A P S Doel, Senior Advocate with Mr. D B Singh, Advocate for the petitioners .
Mr. Amit Rana, DAG, Haryana for the respondent – State.
None for respondent No. 2

JUDGMENT

Nirmaljit Kaur, J.

1. This is a petition under Section 482 Cr.P.C seeking quashing of the order dated 15.02.2010 passed by the Court of learned SDJM, Naraingarh (P9) adding the offence under Section 3/4 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 under the provisions of Section 216 Cr.P.C as well as order dated 15.02.2010 committing the case to the Court of Sessions for trial under the provisions of Section 323 Cr.P.C for afresh trial in case FIR No. 178 dated 01.12.2003 under Sections 325, 323, 326, 452, 506, 34 IPC, Police Station Naraingarh.

2. Facts, in short, are that a cross fight took place in the area of police Station Naraingarh on 30.11.2003 at 1.30 pm, in which, Ram Lal (from the side of now complainant party) and Jai Parkash (petitioner No. 1) from the accused party received injuries. The statement of Ram Lal was recorded by ASI Deepak Kumar on 01.12.2003 at 12.00 pm prima facie disclosing the offence under section 323, 452, 506, 34 IPC against the accused party i.e. petitioner Nos. 1 to 4 on the basis of which the present case was registered vide FIR No. 178 dated 01.12.2003. Since during the course of same occurrence, Jai P




























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