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1999 Supreme(P&H) 1418

T.H.B.CHALAPATHI
Sanjay – Appellant
Versus
State of Haryana – Respondent


Advocates Appeared:
For the Petitioners:Mr. R.S. Ghai, Sr. Advocate with Mr. Bipin Ghai, Advocate.
For the Respondent: Mr. M.L. Sarin, A.G., Haryana.

ORDER

T.H.B. Chalapathi, J. - It is quite unfortunate that a young boy of 13 years old was is the son of one Madan Lal died on the intervening night of 26/27-2-95. The father of the deceased boy gave a statement to the police on 27-2-95 on the basis of which FIR No. 60 dated 27-2-95 was registered at PS Sadar Dabwali under section 304-A Indian Penal Code. In the said statement Madan Lal said that his son received the gun shot injury on his left shoulder accidentally when this son was watching the singer singing. The police conducted the investigation and filed a final report as required under section 173 Criminal Procedure Code In the said report it has been stated that the case was investigated by ASI Mohinder Singh who tried to trace out the culprits but all went in vain. It is also further stated therein that the complainant has been informed regarding the closure of the investigation. The learned Magistrate by his order dated 29-2-96 accepted the final report and cancelled the FIR. After more that 4 and half years from the date of incident the father of the deceased Madan Lal approached the Magistrate Dabwali and got his statement recorded under section 164 Criminal Procedure Co




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