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High Court of Punjab and HaryanaCRR/2243/2011disposed of

Parmee And ORS v. State Of Haryana

2015-10-29Mr. Justice S.C. Malte2 pages

CRR-2243-2011

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR-2243-2011 Date of Decision: October 29, 2015 Parmee and another

...Petitioners

Versus

State of Haryana

...Respondent

CORAM: HON'BLE MR. JUSTICE NARESH KUMAR SANGHI

Present:

Mr. Karan Pathak, Advocate, for Mr. Gautam Dutt, Advocate, for the petitioners.

Mr. Pawan Gaur, DAG, Haryana, for the respondent.

Mr. Rajender Helwa, Advocate, for Mr. Aman Pal, Advocate, for the informant.

1.

Whether Reporters of local papers may be allowed to see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the Digest?

NARESH KUMAR SANGHI, J (Oral) Challenge in this criminal revision petition is to the order dated 17.8.2011, passed by learned Additional Sessions Judge, Palwal, whereby the accused persons were discharged for the offence punishable under Section 307, IPC, and the matter was remitted to learned Area Judicial Magistrate for proceeding against the accused for the offences punishable under Sections 148, 323 and 325 read with Section 149, IPC, and PRASHANT KAPOOR 2015.10.30 13:45 I attest to the accuracy and authenticity of this document

CRR-2243-2011 Section 25 of the Arms Act, in accordance with law. During course of arguments, learned counsel for the parties have agreed that if during trial evidence emerges on record to show that the accused have committed the offences other than the offences for which they have been ordered to be charged, the informant or the prosecution may move an application for amendment of the charge.

In view of above, the present criminal revision petition is disposed of with a direction that if during trial, material emerges on record to show that the accused persons have committed the offence punishable under Section 307, IPC, then the charge will be amended accordingly.

The interim directions issued by this Court vide order dated 3.12.2012, are hereby vacated.

(NARESH KUMAR SANGHI) JUDGE October 29, 2015 Pkapoor PRASHANT KAPOOR 2015.10.30 13:45 I attest to the accuracy and authenticity of this document