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2023 Supreme(Online)(P&H) 18378

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent


273 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-62917-2023 (O&M) Date of Decision:- 25.08.2025 Naik Hemant @ Hemant Kumar Singh Chauhan ...Petitioner Versus State of Punjab and others ...Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Umesh Aggarwal, Advocate for the petitioner.

Ms. Amrit Kaur Mahir, AAG, Punjab.

Mr. Amit Sharma, Senior Panel Counsel for respondent Nos. 2 and 3.

****

AMARJOT BHATTI, J.(Oral)

Petitioner Naik Hemant @ Hemant Kumar Singh Chauhan has filed petition under Section 482 of Code of Criminal Procedure, 1973 seeking quashing of impugned order dated 21.11.2023 passed by learned Additional Sessions Judge, Amritsar (Annexure P-6), whereby application under Section 475 of Cr.P.C. read with Section 125 of Army Act, 1950 to handover the petitioner for Court-martial filed by Commanding Officer (Annexure P-4) has been allowed, by passing illegal order and further directing petitioner to appear before Commanding Officer in FIR No. 172 dated 13.06.2022 under Section 354, 354-A of IPC and under Section 10 of POCSO Act registered at Police Station Cantonment, District Amritsar, with prayer to stay the operation of aforesaid order or any o

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