Sonu Kumar v. State Of Haryana And Others

CWP-11548-2020 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP-11548-2020 DATE OF DECISION : 10.08.2020 Sonu Kumar

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH Present :

Mr. R.K.Malik, Senior Advocate, with Mr. Sunil Hooda, Advocate, for the petitioner.

KARAMJIT SINGH , J. (Oral) Case has been heard through Video Conferencing in view of COVID-19 Pandemic.

Learned senior counsel for the petitioner contended that impugned order (Annexure P-6) dated 01.07.2020 passed by respondent No.3 is liable to be quashed as the same is based on conjectures. The petitioner was already acquitted in the criminal case by the Court of JMIC, Faridabad, on 06.09.2019 (Annexure P-3) and he was never arrested in the said criminal case by the police. Actually, the petitioner was granted anticipatory bail by the Court of Additional Sessions Judge, Faridabad, on 26.05.2015 (Annexure P-7). Both these facts were not taken into consideration by respondent No.3, while passing the impugned order (Annexure P-6).

Notice of motion.

At this stage, Mr. Naveen Singh Panwar, Deputy Advocate General, Haryana, accepts notice on behalf of the State. Learned senior counsel for the petitioner submitted that he would VIRENDRA SINGH ADHIKARI 2020.08.11 11:21

CWP-11548-2020 -2be satisfied if the impugned order (Annexure P-6) is set aside with a direction to the concerned authority to reconsider the matter, in the light of the aforesaid facts, at the earliest in a time bound manner, to which learned State counsel has no objection.

Accordingly, this writ petition is hereby disposed of, without commenting on the merits of the case, and the impugned order (Annexure P-6) is hereby set aside as the same is silent regarding the anticipatory bail granted to the petitioner and also regarding his acquittal in the criminal case having FIR No.150 dated 30.03.2015, under Sections 323, 452 and 506/34 of the Indian Penal Code, registered at Police Station Sector 55, Faridabad, with further direction to respondent No.3 to reconsider and decide the matter afresh by passing a speaking order, in accordance with law, while taking into consideration the aforesaid facts which were brought to the notice of this Court by the learned senior counsel. It is further made clear that the necessary direction be complied with by respondent No.3 within 20 days from today. (KARAMJIT SINGH) JUDGE 10.08.2020 adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No VIRENDRA SINGH ADHIKARI 2020.08.11 11:21