Cxxxx v. State Of Haryana And Others

 

 
      
    



!"

# $%&%!'( ))
**** )))  %%!' + ,&) -

!"

+.

'

'# !/ +& )))  &0!'# '&
(  12 ) -
  -

 
 



  

   

  

  !

"

   # # % &&&&&&&  -

 3 ) 2

'

 

)*$ + +,
" '-.% /  0+
+ 12

562 

 8" (   ,, # -* 3' '$ $3'*

 %<% )63 63< :
 + '*<3 /  0:
+12

<
 +!

4"

=

   $3'$ /  0
=+ = 12 

!

>, #:(
5'2

7 5

7!

$  !

"

  '$ '' $3'*

" , "4

!  ,

 # $5

 

  7!

7"   

!

!    ,"

!

4"

 "!  ! 

" 633

, 

   

   

!!



 ,!

9" 3' '$ $3'*

7" '$%3

, 

! "4

!  , # $5



     ,"

!

7" 



!

! 

 4"

 "!  

"7?"!  !  Chungi # '.

7" 36 33

  !!

   !  @ " , "4 ,  ,

7"  =   (supra)



,,  ,!  

'.% +
+ Anow Section 193 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')B

!

!

,  ?

!



, !



"!

 7!

 

 "!

 inter alia,   " (supra) ! !

 !   ,,  5,  ,

!!

 , 

'<) +
+ /now Section 183 of BNSS2 9"

%'- +
+ /now Section 358 of BNSS2

, " " ",,



"



!

!!  $$ 3) $3'- ",,

  ",,

 !!

,



 '3 3$ $3$%
5*2 (  5,

 

4 $3 '' $3$% 7  ,

 

" 

D

,    ,





%'- +
+ /now Section 358 of BNSS2

,



     !7 !



%'- +
+ /now Section 358 of BNSS2

?"

 ) Per contra, "!



 

"!

!





!" 

!! 

 ! !

" ,  ! 



!

  

  "! !

,  " 



"

 

   "!



" 



7!

   



"!

 !



!" 

 ,  

" " , 

"7?"! 

   "

! !

  



?"! 

" 
562

< 

""

 7! 

",



+" 


    

  >!  !





 8" 

+ " 

"

4 "112. However, there is a great difference with regard to a person who has been discharged. A person who has been discharged stands on a different footing than a person who was never subjected to investigation or if subjected to, but not chargesheeted. Such a person has stood the stage of inquiry before the court and upon judicial examination of the material collected during investigation; the court had come to the conclusion that there is not even a prima facie case to proceed against such person. Generally, the stage of evidence in trial is merely proving the material collected during investigation and therefore, there is not much change as regards the material existing against the person so discharged. Therefore, there must exist compelling circumstances to exercise such power.

The Court should keep in mind that the witness when giving evidence against the person so discharged, is not doing so merely to seek revenge or is naming him at the behest of someone or for such other extraneous considerations. The court has to be circumspect in treating such evidence and try to separate the chaff from the grain. If after such careful examination of the evidence, the court is of the opinion that there does exist evidence to proceed against the person so discharged, it may take steps but only in accordance with Section 398 Cr.P.C. without resorting to the provision of Section 319 Cr.P.C. directly."

.

:  

"  ! 

" ,



  

, " ;"! !    ?"

"

" 4 ,  !! "  , !"  

prima facie  

, : "

  7, ,  " 7



5 

" "!!     

" "    5 , 

", 

* ( !

7 "   7!  %' 3' $3'- 

 



" , 

 

 !   ,



 8" (  "! - !!

 ,!!

"

/2 

     -

  $' '' $3$)  vishnu >  E   FE# > 7!

FE#