Ramesh Kumar v. State Of Haryana And Others
!"
#$
"%&'&#()
* +
* ,
*
) -. * /
*
!"# $ %& /
*
0
.
("" )
*+*
, -.'/ # .'
# "
. .') ' . .'
)
" #
.
) 12 3 *4 56+
7 # -8 2 "(
96
4
*4* )
: /
"
$ .
.
.
& );
.
; 8." $ # .
)"" "")
"
66+
< :
:
#
.
)123 *456+#
)
7 -8 2 "( 96
4
*4* )
: 2
&=
: ) " 8." $ # .
" ) ) ) # .' 8." $
2#. 2
"
.'
)
2 . "
) ) ""
# 0 .' "( .
)"'
" # ".'
.
/
! 7 >
"
#
# $
% " & #
"")
.
#
+4'
7
+
# . .' $'
% "- -
" 759>#"'"
# " "
.!
49.
/ 4 > / )
" ' '#
.
4* 6 =
/
" 3 6 9 ".'
# .' #
' 0 "
" . ?
) !) ,( ' ."
) "'
. ) #
8"
- "Admittedly, the accused Ankit as well as complainants Mukesh Kumar & others have preferred appeals before the Hon'ble High Court against conviction and acquittal respectively, which are pending consideration in the Hon'ble Punjab & Haryana High Court. As the matter has already been decided by the competent court of law and also the appeal is pending before the Hon'ble High Court, therefore, I do not see any reason to differ with the preliminary enquiry report submitted by the learned Registrar, so as to proceed for further
+
investigation into the matter and the complaint deserves to be filed."
5
)) #
. ".'
9 2 ) .'
"
# "
" /
""'
#""
" : "
'
".
& )( )
0 " "'#
.
& ) (
# "
. .' )
#
" . "& # "
!) &
@." (
&
@." , (
""' .
!) ' " "
" # # " !
"'
# " " "' ) #
> &
@." ( & $ ' , ""
0 "
"
)(
$ " . #
. " '
4
"'A
?
.
))
, )?.0
)
!
?
"&
'5
. !
)
#
-,
"
!
)
.'>$" !
'*
"'.
"
12 *4 > $'
#
!
).
"
. )
/" "") #
-,
.'
&
" # * ( "
- # # B ) 2
# .
#
"
"(
) "'
72(
4
"
>.
"
") 0 "
.
& )( .
"3 ( - $-9*-5 2 "
' "
' . " ) !) 0 " #
. 2
"' )
6
#
'
) # ) ""
, 8." $ # #"
" 3 )=
#
.'
"
<)
# " # 0 2
$
% "
" $
% " ) )
" 47
#
" $
% " ) )
#
"'
12 ', '"
"
B
)
#
"
)# "
""
= " ,
,
#
#
# )
# "
-
"'$ .
.
.
& )
.
# "
)
"
' < :
" """
# .'
"
<)
'
# # , " "
"
<)
"'
# 0 >
"
" ) $'
5
: 2
: 2
% " ) # .'
<!! # "' #
12 3 *4 .
)"' ,
" # "
.'
<!! # .
46
) 0
." ."
.
12 >
" . #
2#" . # "
) "
) / .
- "However, the copy of judgment mark 'C' proves that all the accused including accused Dharambir and Ms. Babli faced trial in criminal case bearing FIR No. 295 dated 17.06.2014, under Sections 302 and 1207B of Indian Penal Code and 25/54/59 of Arms Act. After trial except accused Ankit all the accused were acquitted. The investigation conducted cannot be said to be faulty, as even Mr. Dharambir and Ms. Babli, were acquitted after trial. Prosecution witnesses during trial have failed to prove the conspiracy entered into between all the accused and since the fire injury was caused by Mr. Ankit accused, so, he has only been convicted. It is pertinent to mention here that if the complainant was not satisfied of the investigation he could move the application before the trial Court for further investigation under Section 173(8) Сr.Р.С. or could move the application under Section 311 Cr. P.C. by producing the cogent evidence before the trial Court. Hence, no further inquiry or investigation is required by this Institution at this
9
stage. It is pertinent to mention here that accused Ankit has preferred an appeal against his conviction before the Hon'ble High Court and even the complainant has preferred an appeal against the acquittal of the remaining accused before the Hon'ble High Court. Now, the matter is subjudice, hence, it would not be appropriate to further investigate or inquire into the matter as there is no material on the record to reach at the conclusion that the respondents acted dishonestly or did not conduct the investigation properly, therefore, the complaint deserves to be filed."
14. That a careful perusal of the entire records shows that accused Ankit has preferred an appeal against the conviction in this case FIR No. 295, dated 27.06.2014, in this Hon'ble High Court as CRA7D72227DB72017, which is pending adjudication before this Hon'ble High Court, and fixed for 13.01.2022. A copy of the latest order is hereby annexed as Annexure R71.
15. That, it is significant at this stage to highlight that, the brother of the petitioner, has also preferred a petition, as Appeal against Acquittals before this Hon'ble High Court, as CRA7AD7 8972017, which is now tagged with the appeal of the convict7 Ankit in CRA7D72227DB72017. (A copy of the latest order in CRA7AD78972017, is hereby annexed as Annexure R72)." 2 #
"
<)
'
) 2
)
#
"
)
# # ".'
*
&
) "
"
)
)
)
"
)#
2
)
) "
.'
" "
' .
.
( & # !)
"'
' %
)
)
.
# "
)?
" )
'? "' > #!) 0 "
" ) . #
)
>
.
) "'
"
) ""
1
'
. "
#
' "")"
" )
.'.
' #
) ""
' )
0 "
"
.
.
#
) "
> '.' / ' "")
" "
.
'
'
2 .
' "")
." ' "
)
. "
"
) )
>
)"
'
')
0 " . ). !
0 '
"
) )
" !) .'
"
<)
8." $ # .
# "
# ""' 0
#
.'
)
0 " 1 ) ")" '
" ' !) .'
"
<)
"
' . ! .
& ) ( # "
.
( .
)
> " .
) .
( #
)
' " ." .
"2 .
" "" . )
) .
/ '
. ""'
"
.
) ) "
1
"")" '
'
.'/ #
#1"23"4 0
/
*
4 5 4#4
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No