Chander Bhan And ORS v. Hari Rakesh And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-5973-2015 (O&M).

Decided on: February 23, 2015.

Chander Bhan and others ..... Petitioner(s)

Versus

Hari Rakesh and others ..... Respondent(s) * * *

CORAM:

HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Kamal Singh, Advocate, for the petitioners.

M.M.S. BEDI, J (ORAL) Petitioners challenge the summoning order of the year 2011 which has been affirmed by the revisional Court. Counsel for the petitioners submits that the story of the complainant is apparently wrong as the alleged witness Hans Raj was not present on the spot as is apparent from the attendance register for the month of March 2010.

I have considered the facts and circumstance of the case and I am of the opinion that it will not be appropriate for this Court to enter into the niceties of the trial but the pleas taken by the petitioner could be put to the witnesses at pre-charge stage. This petition is disposed of as pre-mature with a direction that the trial Court shall complete the pre-charge evidence within a period of three months i.e., by 30.5.2015. All the pleas taken up in this petition may be raised by the petitioner at the time of framing of charges. In case the circumstances and the pleas raised warrant dropping of the proceedings, it will be open to the trial Court to discharge the petitioners depending upon the material which is available on the record at that moment.

Disposed of as pre-mature with above said liberty. (M.M.S. BEDI) February 23, 2015.

JUDGE rka RAJ KUMAR ARORA 2015.02.24 16:18 I attest to the accuracy and integrity of this document