IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on 06.11.2024 Date of decision: 04.02.2025 State of UT Chandigarh Administration ...Petitioner Versus Deepak @ Totla and others ...Respondents CORAM: HON'BLE MR. JUSTICE KARAMJIT SINGH Argued by: Ms. Simsi Dhir Malhotra, APP, UT, Chandigarh.

for the petitioner.

Mr. Amit Kumar Pawar, Advocate for respondent No.2.

****

KARAMJIT SINGH, J.

1. The instant revision petition has been filed by the prosecution against the order dated 12.08.2021, vide which the request made by the public prosecutor to declare PW-2 complainant Devinder Singh as an hostile witness is declined in a criminal case titled State Vs. Deepak and others having FIR No.110 dated 28.05.2019 under Sections 394, 411, 34 IPC, Police Station IT Park, Chandigarh.

2. The brief facts of the case are that complainant Devinder Singh reported to the police that on 28.05.2019 at about 3:45 AM, he hired one three wheeler from light point of Shastri Nagar to go to Tribune Chowk. Apart from the driver, three other boys were also there in the three wheeler. On the way, the driver of three wheeler turned it towards railway light point and after some time, one of the boy sat along with the complainant on the back seat. The complainant asked the driver that why he is going towards railway light point. On this, the driver of three wheeler replied that they will go via railway light point. After some time, three wheeler was turned towards housing board colony. On this, the complainant raised alarm. Then the boy who was sitting along side the complainant took out knife like sharp object and attacked him while the other boys forcibly removed his wallet, passport of Sonia Gulati and Samsung J7 mobile phone of golden colour having dual sims No.9988449206 and 7707909841 from the side pocket of complainant. The wallet was having Rs.2500/-, voter card, pan card, aadhar card and driving licence and the said boys also gave beatings to the complainant and finally they had thrown out the complainant and fled away in the said three wheeler. On the basis of aforesaid statement of complainant, FIR was registered against the aforesaid unknown miscreants, on 28.05.2019.

3. During investigation, on 28.07.2019, the complainant joined investigation with the police, on the basis of secret information received with regard to movement of the persons who were involved in the incident of snatching dated 28.05.2019. Then the police laid naka in the area of Botanical Garden, Mullanpur Chowk on PGI Road and the vehicles moving on the road were checked. At about 3 PM, one three wheeler of green/yellow colour was seen coming from the side of Mullanpur Chowk and four young men were sitting in the said three wheeler. The three wheeler was stopped by the police officials. Four persons who were traveling in the said three wheeler were identified at the spot by the complainant to be the same persons who attacked and snatched wallet, mobile phone and other articles from him on 28.05.2019. The driver of the three wheeler disclosed his name as Avinash @ Abhi son of Upinder. The boy sitting along side the driver on the front seat identified himself as Deepak @ Totla son of Ram Niwas. The third boy sitting on the rear seat disclosed his name as Vishawajeet @ Jeet son of Ladam and the fourth boy disclosed his name as Sunny son of Ram Lwot. The complainant disclosed to the police that at the time of occurrence, three wheeler was driven by the same driver namely Avinash @ Abhi, while he was attacked with knife by Deepak @ Totla while Sunny snatched his mobile phone and other articles and boy namely Vishwajeet @ Jeet, shut his mouth by keeping hand on it. The separate identification memo was prepared. On personal search of Vishwajeet, snatched mobile phone of the complainant was recovered from right pocket of his trouser, which was seized by the police vide separate memo. The driver of the three wheeler failed to produce any document with regard to its ownership. The sai