IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

241 CRR-913-2020 (O&M)

Date of decision: 17.02.2026.

AHMED ...Petitioner(s)

VERSUS SAMSU AND OTHERS ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Arkash Mani Garg, Advocate, (Legal-aid-counsel)

for the petitioner.

VINOD S. BHARDWAJ, J. (Oral)

CRM-12600-2020 Prayer in the present application is for condonation of delay of

120 days in filing the revision petition.

For the reasons mentioned in the application, the same is allowed and delay of 120 days in filing the revision petition is condoned.

Main case The present petition has been filed against the judgment dated

18.08.2018 passed by the Judicial Magistrate First Class, Ferozepur Jhirka whereby the respondents No.1 to 4 have been acquitted in Criminal Case bearing No.249 of 2012 titled as "State Versus Samsu and others" arising out of FIR No.392 dated 15.10.2011 registered under Sections 148, 149, 323, 324, 506 IPC at Police Station Punhana, District Nuh, as well as the judgment dated 02.07.2019 passed by the Sessions Judge, Mewat whereby the appeal preferred by the petitioner against the judgment of Trial Court has been dismissed while upholding the acquittal.

2 Since the filing of the present petition in 2020, counsel for the petitioner has never chosen to appear in the present petition. After noticing the repeated absence of the counsel for the petitioner, the following order was passed on 18.11.2025:-

It is evident from a perusal of the order sheets that since the institution of the instant case, counsel for the applicant(s)- petitioner(s) has not appeared even on a single occasion, the matter pertains to the year 2020 and a period of 05 years has already elapsed. Hence, it is deemed expedient to nominate a Legal Aid Counsel on behalf of the applicant(s)-petitioner(s). Mr. Arkash Mani Garg, Advocate (PH-6235/2023, Mob. No.70877-42773), who is present in the Court, is nominated as a Legal Aid Counsel to assist this Court on behalf of the applicant(s)-petitioner(s).

Registry is directed to supply a copy of the paper book to the nominated Legal Aid Counsel.

Adjourned to 17.02.2026.

A copy of this order be sent to the High Court Legal Services Committee for information and necessary action.”

3 The matter was adjourned for today for hearing the arguments; however, an adjournment slip has now again been circulated by the counsel on the ground that he is not available. This Court finds no reason to accept the adjournment slip. The same is thus declined.

4 The legal aid counsel appointed by this Court is present in Court and submits that he is prepared with the case. This Court has thus proceeded to decide the case on merits without awaiting for the filing counsel, who, it appears is not interested in pursuing the matter.

5 It is submitted by the legal aid counsel that the prosecution case in brief is that the complainant, Ahmed Khan, is a resident of village Hajipur Gohta and a Head Constable in the Delhi Police. It is stated that the accused persons had no respect for the law and were involved in committing offences like robbery, theft and illegal mining. It is stated that the father of the complainant, who was also the Sarpanch of the village, had advised the accused persons not to indulge in illegal activities, but they remained adamant. Due to this reason, the accused persons kept a grudge against the complainant and his family members. It is stated that previously, the accused persons also threatened the father of the complainant to face dire consequences. It is stated that on 10/10/2011, the complainant was coming to his village from Delhi after his duty in the evening. He met his nephew Javed at Punhana. The complainant, along with his nephew, was going to their village Hajipur, on a motorcycle, and when they reached near the village, they were suddenly attacked by the accused persons, namely Hakmuddin, Khurshid, Sabbir, Shokat, Rukmuddin, Samsu, Islam, Mastan, Dalip, Yusuf and Deen Mohd, who were also holdi