CRR-380-2021

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR-380-2021 (O&M)

Date of decision: 26.03.2021

Sanjay

...Petitioner

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN

Present:

Mr. Varun Gupta, Advocate for the petitioner.

*****

H.S. MADAAN

, J.

Case taken up through video conferencing.

Revisionist-accused Sanjay has filed the present revision

petition feeling aggrieved by order dated 18.02.2020, passed by Addl.

Sessions Judge, Narnaul, vide which his application under Section 207

Cr.P.C., had been dismissed.

Briefly stated the facts of the case are that during the

course of the trial when it was at the fag end, revisionist/accused had

moved an application U/s 207 Cr.P.C., contending that during course

of investigation of the case, the police had taken into possession a pen

drive, which is part of the challan but a copy thereof had not been

supplied to accused; that pen drive could help the accused to defend his

case properly, therefore, the application be accepted.

On being given notice, the State filed reply to the

SUMIT KUMAR

2021.03.26 16:35

I attest to the accuracy and

integrity of this document

CRR-380-2021

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application, contending that the statement of accused U/s 313 Cr.P.C.,

had already been recorded and a pen drive had already been supplied to

accused along with copy of challan; dismissal of the application was

sought for.

After hearing learned counsel for the parties and going

through the record, learned Addl. Sessions Judge, Narnaul, vide

impugned order had dismissed the application. The operative part of

the order contained in para No.4, which for ready reference is

reproduced as under:-

“By filing the present application, the applicant-

accused wants to provide pen drive to the applicant-accused

as the same was not provided to the applicant-accused at the

time of filing of the challan. A perusal of the file reveals that

on 21.12.2019 copy of challan was supplied to

accused/applicant

before

the

learned

Illaqua

Magistrate/learned CJM, Narnaul and thereafter challan

was committed to the Court of learned Sessions Judge,

Narnaul. After assignment of the challan, on 23.01.2020

charge was framed and after conclusion of prosecution

evidence, learned PP for the State had closed the

prosecution evidence. Statement of accused under section

313 Cr.P.C has already been recorded in the present case.

Neither before learned Illaqua Magistrate/learned CJM,

Narnaul nor at the time of framing of charge or at the stage

of prosecution evidence any objection was raised by the

applicant-accused and when the case was fixed for defence

evidence present application has been moved. Copies of all

the documents attached with the challan had already been

supplied to the applicant-accused by the learned Illaqua

SUMIT KUMAR

2021.03.26 16:35

I attest to the accuracy and

integrity of this document

CRR-380-2021

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Magistrate/learned CJM, Narnaul. It seems that the

applicant is gaining some time without any cogent reason. In

the considered opinion of this court, there is no merit in the

application. Hence the same is hereby dismissed.”

Feeling aggrieved by the said order, the complainant has

knocked at the door of this Court, by way of filing the present revision

petition.

I have heard learned counsel for the revisionist besides going

through the record and I find that there is absolutely no merit in the

revision petition. The impugned order which is quite detailed and well

reasoned does not suffer from any illegality or infirmity much less

apparent on the face of such order. The impugned order is not shown to

have resulted in miscarriage of justice. I do not see any reason to set

aside the order by exercising revisional jurisdiction. The revision

petition is found to be without any merit and is dismissed accordingly.

26.03.2021

(H.S. MADAAN)

sumit.k

JUDGE

Whether speaking/reasoned