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CRR-514-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR-514-2017

Date of Decision: 05.04.2017

Mandeep Singh

... Petitioner

Versus

State of Haryana and others

... Respondents

CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr. Vikram Singh, Advocate,

for the petitioner.

INDERJIT SINGH, J.

The present revision has been filed by petitioner-Mandeep

Singh against respondents-State of Haryana and others under Section

401 Cr.P.C. challenging the impugned order dated 12.12.2016 passed by

learned Additional Sessions Judge, Yamuna Nagar at Jagadhari whereby

accused-respondent Nos.2 to 6 were discharged for the commission of

offence punishable under Sections 364 and 379-B IPC and matter was

remanded to the Court of learned Chief Judicial Magistrate, Yamuna

Nagar at Jagadhari for trial.

I have heard learned counsel for the petitioner and have

gone through the record.

Parveen Kumar

2017.05.02 16:29

I attest to the accuracy and

authenticity of this document

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CRR-514-2017

From the record, I find that FIR No.100 dated 24.05.2016,

has been registered at Police Station Radaur, under Sections 147, 342,

364, 379-B, 504, 509, 506, 323 and 325 IPC. Learned Additional

Sessions Judge, Yamuna Nagar at Jagadhari, vide impugned order dated

12.12.2016, decided the controversy as to what charges should be framed

against the accused. The brief facts of the case, as noted down in the

impugned order passed by learned Additional Sessions Judge, Yamuna

Nagar at Jagadhari, are as under:

“2.

The case of prosecution, in brief, is that on

24.5.2016, on receipt of telephonic information

from Police Control Room, Yamuna Nagar in

Police Station Radaur regarding kidnapping of a

person by some persons from bus stand, Radaur in a

car bearing registration no. HR-02-P-4444, SI

Ramesh Chand along with other police personnels

reached bus stand Radaur. He, then, received

telephonic information from secret informant that

the person kidnapped/abducted from bus stand,

Radaur has been made confined in a shop located

at Radauri Road, Radaur by Subhash etc. On

receipt of this information, SI Ramesh Chand reached

the spot where number of persons were found

gathered. After opening the shutter of the shop, the

kidnapped/abducted person, namely, Jasmer Singh

was found lying on a cot and his trousers

(paijama) was found lying nearby and a lady, who

had torn off her own clothes, was also found sitting

there. The said Jasmer Singh was brought out from

the shop and he (Jasmer Singh) got recorded his

Parveen Kumar

2017.05.02 16:29

I attest to the accuracy and

authenticity of this document

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CRR-514-2017

statement to the effect that he is an agriculturist.

He is having three sons and two daughters, who

all are married. He had performed the marriage of

his daughter, namely, Manju Bala with Rohit Kumar

son of Subhash Chand, resident of Radaur on

25.2.2004. After marriage, Subhash Chand and

Rohit etc. started harassing, maltreating and

beating his daughter, Manju Bala, for demand of

dowry. In the year 2006, he got registered a case in

this regard in Police Station Bilaspur, however, the

accused persons were acquitted in that case. In the

year 2015, in-laws of Manju Bala, convened a

panchayat and took Manju Bala back to her

matrimonial home. At that time, he again gave all

articles of marriage. Manju Bala is also having

a daughter, namely, Itikia, aged about 11 years.

In-laws of Manju Bala, however, again started

maltreating and harassing her. In the year 2015, his

daughter Manju got registered a case against her

father-in-law Subhash and brother-in-law Arvind

with the allegations of outraging her modesty,

wherein both of them were arrested and the said case

is still pending adjudication. There