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2019 Supreme(P&H) 2701

ARUN KUMAR TYAGI
Randhir Singh – Appellant
Versus
State Of Haryana & Ors. – Respondent


Advocates Appeared:
Ms. Paramjit Singh Sullar, Advocate for the Appellant; Mr. Ramesh Kumar Ambavta, AAG, Haryana for respondents No. 1-State. Mr. Prem Chand Chaudhary, Advocate for respondents No.2 to 5

JUDGMENT

Arun Kumar Tyagi, J. (Oral) - The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing of order dated 07.02.2017 passed in Criminal Revision No.247 of 2016 by the learned Additional Sessions Judge, Ambala whereby order dated 30.11.2016 passed by the learned Additional Chief Judicial Magistrate, Ambala dismissing application under Section 311 of the Cr.P.C. was set aside and application under Section 311 of the Cr.P.C. was allowed.

2. Pursuant to registration of FIR No.79 dated 14.06.2010, SHO, Police Station Barara, Ambala investigated the case and on completion of investigation charge-sheeted the petitioner-Randhir Singh and his co-accused to face trial for alleged commission of offences punishable under Sections 148, 149, 323, 324, 452 and506 of the Indian Penal Code, 1860 (for short 'the IPC). Charges were framed on 04.04.2011. Prosecution witnesses cited in the list of witnesses were examined and prosecution evidence was closed on 02.02.2016. Statements of accused were recorded. Defence evidence was also closed. While the case was fixed for arguments, application under Section 311 of the

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