IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved On: 16.02.2026 Date of Decision: 25.02.2026 Uploaded On: 25.02.2026 ABDUL GAFFAR ......Petitioner VERSUS STATE OF HARYANA AND OTHERS …….Respondent CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ *****

Present: - None for the petitioner.

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VINOD S. BHARDWAJ, J.

The instant criminal revision petition has been preferred against the judgment dated 01.04.2017 passed by the learned Sub Divisional Judicial Magistrate, Ferozepur Jhirka, whereby the private respondents were acquitted of the charges leveled against them as well as against the judgment dated 06.12.2017 passed by the learned Sessions Judge, Mewat vide which appeal filed by the petitioner has also been dismissed.

2. Learned Counsel for the revisionist-petitioner is not present. The situation was the same on the last date of hearing as well. Further wait is not justified. The revision pertains to 2018 and already a period of 8 years has elapsed since then. Counsel for the petitioner has been seeking date on all hearings. Therefore, the present case is being adjudicated on merits.

3. Briefly stated, the case of the prosecution was launched on the complaint of the petitioner, who averred therein that he had constructed a school near Bodi-Kothi and he was residing in the said school. On 17.08.2014 at about 4 o’clock, he along with his wife Jareena and children was present at his home when all of a sudden, accused Abdul Rashid, Abdul Wahid, Ummar Mohammad, Abdul Sattar, Amir Suhail and Isha Khan armed with weapons i.e., lathi, danda, balsam and farsa came in tractor bearing registration No. RJ-05-RB-3386. Abdul Wahid gave a lathi blow on the head of Jareena, accused Abdul Rashid gave a lathi blow on the leg of the petitioner and accused Isha Khan and Subedar gave kicks and fist blows to the children of the petitioner. Accused persons also dragged the petitioner and his family members, due to which they suffered injuries. The accused persons wanted to take possession over the property of the petitioner forcibly. Accused Umar Mohammad and Subedar strangulated the petitioner upon which, the petitioner, his wife Jareena and children raised noise, and then Tahir Hussain, Rafiq, Jakir, Sohrab, Lukman and Jamshed came to the spot and rescued the petitioner and his family members.

4. On the basis of the aforesaid statement,FIR no. 198 dated 9.9.2014 under sections 147, 148, 323, 452, 506 IPC registered at Police Station Ferozepur Jhirka, District Mewat was registered and after completion of investigation, the final report under Section 173 Cr.P.C. was presented before the learned Trial Court. Finding a prima facie case, charges under Sections 147, 148, 323, 452 and 506 IPC were framed against the accused to which they pleaded not guilty and claimed trial.

5. Upon appreciation of the evidence on record, the learned SDJM, Ferozepur Jhirka vide judgment dated 01.04.2017 acquitted the accused of the charges levelled against them. The petitioner being aggrieved by the said acquittal preferred an appeal against the said judgment, however, the said appeal was also dismissed by the learned Sessions Judge, Mewat vide judgment dated 06.12.2017. Hence, the present revision petition.

6. It is averred in the petition that impugned judgments passed by both the courts suffer from patent illegality inasmuch as the acquittal of accused has been based on the ground of delay of 23 days in lodging the FIR, without appreciating the fact that the said delay stood duly explained on account of compromise talks which were ongoing between the parties. It is also averred that the delay was specifically mentioned in the complaint itself and the same could not have been treated as fatal to the prosecution case, particularly when the occurrence and the injuries sustained by the victims stood corroborated by medical evidence brought on record.

7. It is further averred that both the Courts have erred in discarding the ocular testimony of the complainant and othe