Divya@Dinesha v. State Of Haryana & Others

Crl. Misc. No. M-33644 of 2018 -1In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M-33644 of 2018 Date of Decision: 25.10.2018 Divya @ Dinesha ......Petitioner

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Mr. Ashish Gupta, Advocate for the petitioner.

Ms. Priyanka Sadar, AAG, Haryana.

Mr. D.S.Matya, Advocate for respondents No. 2 and 3.

**** ANITA CHAUDHRY, J (ORAL) The petitioner has challenged the order dated 5.7.2018 (Annexure P-2) passed by the Additional Sessions Judge. Counsel for respondents No. 2 and 3 submits that he has no objection if the petition is allowed and the application filed by the petitioner is decided first.

A perusal of the impugned order shows that the complainant had filed an application for addition of charge under Sections 493, 495 and 496 IPC. The trial Court without deciding the application posted the case for final hearing. If the additional charge has to be framed then the trial Court would be obliged to give an opportunity to the prosecution to lead additional evidence. The Court could not have posted the case directly for final arguments.

GURPREET SINGH 2018.10.26 16:40 I attest to the accuracy and authenticity of this document chandigarh

Crl. Misc. No. M-33644 of 2018 -2The order dated 5.7.2018 is set aside. The trial Court is directed to decide the application filed by the complainant first and then proceed as per law.

The petition is allowed.

(ANITA CHAUDHRY) JUDGE October 25, 2018 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No GURPREET SINGH 2018.10.26 16:40 I attest to the accuracy and authenticity of this document chandigarh