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High Court of Punjab and HaryanaCRR/1685/2022dismissed

Prem Chand v. State Of Haryana

2023-10-10Mr. Justice Rajbir Sehrawat3 pages

1.

2.

The factual perspective, as involved in the case is that the petitioner had lodged two FIRs, i.e., FIR No.314 dated 13.12.2015 under Sections 302, 149, 148, 120-B IPC and 25 & 54 of the Arms Act, 1959 at Police Station Farrukh Nagar, District Gurugram and FIR No. 045 dated 23.02.2017 under Sections 307 & 34 IPC and 25 of the Arms Act at the same police station, relating to the alleged fight between the parties. In

-2these FIRs several persons are named as the accused, who allegedly, caused injuries to the petitioner. However, only two accused are common in both the FIRs. The petitioner had moved application before the Trial Court for permission to lead in evidence the CCTV footage, which related to the alleged incident regarding which the FIR No.045 dated 23.02.2017 was registered. The said application has been rejected by the court below. Hence, the present petition has been filed by the complainant/petitioner.

3.

A perusal of the record shows that the petitioner is complainant in two FIRs pertaining to the incidents which had happened in the years 2015 and 2017, respectively. The alleged CCTV footage, even if taken to be a proved fact, relates only to the incident which is involved in the FIR registered in the year 2017. Therefore, there is no relevance of the alleged CCTV footage qua the alleged incident involved in FIR registered in the year 2015, qua which the application was filed. Beside this, the trial court has rightly observed that the prosecution, as such, is not even interested in leading this evidence in the trial court. The petitioner has moved the application even without concurrence of the Public Prosecutor. Moreover, the petitioner had an opportunity earlier as well, when he himself was appearing as a witness in this case. Therefore, in the considered opinion of this court the trial court has not committed any illegality, perversity or impropriety while rejecting the application filed by the petitioner.

4.

In view of the above, finding no merit in the present petition the same is dismissed.

-3CRM-43225 & 43228 - 2023