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2022 Supreme(P&H) 2265

IN THE HIGH COURT OF PUNJAB & HARYANA
SURESHWAR THAKUR, J.
Amit Kumar (Deceased) – Appellant
Versus
State of Haryana and another – Respondent


Advocates:
Present:Mr. Ravinder Bangar, Advocate
for the petitioners.
Mr. Tanuj Sharma, Assistant Advocate General, Haryana
for official respondent No. 1 / State.
Mr. Aakash Singla, Advocate
for respondent No. 2 (Applicant in CRM-20603-2022)

Table of Content
1. analysis of section 148 (Para 7 , 8 , 9 , 10 , 11)
2. independence of sections 148 and 389 (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 21 , 22 , 23)
3. modification of the order (Para 20)

(QRAL)

1. With the consent of the learned counsel for the parties, the date of hearing of the main case is preponed from 08.09.2022, and, is taken up today itself.

MAIN CASE

2. In consequence thereof, through a sentencing order drawn, on 16.08.2021, the learned trial Magistrate concerned, proceeded to impose, upon, the convict, sentence of simple imprisonment extending upto a term of one year, and, also made a direction, upon, the convict to pay an amount of Rs. 55,00,000/-, as compensation to the complainant — petitioner herein.

4. However, during the pendency of the apposite appeal, as, became preferred by the aggrieved-convict, the latter proceeded to also institute an application cast under Section 389 of the Cr.P.C., rather before the learned Appellate Court concerned. The learned Appellate Court concerned, through an order made thereons, on 09.09.2021 (Annexure P-3), cast the hereinafter extracted directions, upon, the appellant — convict (respondent No. 2 herein).

“The present










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