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High Court of Punjab and HaryanaCRM-M/34524/2013disposed of

Bhupinder Singh v. State Of Punjab And Others

2018-10-25Mr. Justice Rajesh Bhardwaj2 pages

CRM-M-34524 of 2013 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-34524 of 2013 (O&M) Date of Decision: 25.10.2018 Bhupinder Singh

...Petitioner

VERSUS

State of Punjab and others

...Respondents

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Amit Dhawan, Advocate for the petitioner.

Mr. Sandeep Kumar, DAG, Punjab.

Mr. Tejinder Pal Singh, Advocate for respondents no. 2 to 8.

******* SURINDER GUPTA, J.

Complainant-Bhupinder Singh has filed this petition seeking clubbing of trial of the case bearing FIR No. 104 dated 05.08.2004, registered at Police Station Ahemdgarh for offences punishable under Sections 452/506/427/323/148/149 of Indian Penal Code (for short 'IPC') with complaint no. 28 dated 20.09.2007 titled as "Mohinder Singh vs. Bhupinder Singh" committed to the Court of Sessions and pending in Court of Additional Sessions Judge, Sangrur.

2.

Learned counsel for the petitioner submits that both the cases being version and cross-version should be clubbed and tried together. Application dated 11.06.2013 (Annexure P-5) was also moved before learned Judicial Magistrate, Ist Class, Malerkotla for committing the trial of case bearing FIR No. 104 dated 05.08.2004 to Court of Sessions. However, order passed on that application has not been placed on file. 3.

Being version and cross-version arising out of the same JITENDER KUMAR 2018.10.25 16:34 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-34524 of 2013 -2occurrence, it is required for fair trial that trial of the case in FIR No. 104 dated 05.08.2004 be also conducted with trial of complaint case. 4.

The trial Court, as such, is directed to send the file of case bearing FIR No. 104 dated 05.08.2004 to Court of Sessions, where trial of the complaint titled as "Mohinder Singh vs. Bhupinder Singh" is pending. 5.

Instant petition is disposed of in above terms. ( SURINDER GUPTA ) October 25, 2018 JUDGE jk Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2018.10.25 16:34 I attest to the accuracy and integrity of this document Chandigarh