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2021 Supreme(P&H) 13

AVNEESH JHINGAN
Naresh Kumar – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. H.S. Lalli, Advocate
For the Respondent:Ms. Dimple Jain, Assistant Advocate General, Haryana.

JUDGMENT :

AVNEESH JHINGAN, J.

1. The matter is taken up for hearing through video conference due to COVID-19 situation.

2. This criminal revision petition is filed being aggrieved of order dated 2nd March, 2020 passed by the Additional Sessions Judge, Gurugram allowing application under Section 319 of Code of Criminal Procedure, 1973 [for short 'Cr. P.C']. Naresh Kumar (petitioner) is summoned for trial under Section 306/34 of the Indian Penal Code, 1860 [for short 'IPC'] alongwith accused Aruna and Lal Chand.

3. The facts in brief are that an FIR No. 146, dated 12th April, 2016, under Section 306/34 IPC was registered at Police Station Badshahpur, District Gurgaon, at the behest of Vimal Kumar. It was stated that his brother Prem Parkash [hereinafter referred to as 'deceased'] was running a jewellery shop. He lent money to Lokesh, Naresh and Aruna. When the money was asked for, the accused used to give beatings, being harassed, his brother committed suicide leaving the suicide note. In the suicide note, it was mentioned that since lodging of the FIR against Lokesh, he was harassing the deceased, gave beatings and misbehaved with his wife. Further that petitioner (Naresh Kumar) was in

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