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High Court of Punjab and HaryanaCRR/1402/2024disposed of

Rajender v. State Of Haryana

2024-07-30Mr. Justice Anoop Chitkara2 pages

CRR-1402-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR-1402-2024 Date of Decision: 30.07.2024 Rajender

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Rajat Mor, Advocate for the petitioner.

Mr. Vikrant Pamboo, Sr. DAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 08.10.2023 ACB, Hisar, District 384 IPC and 7, 13(1)(b) r/w Hisar 13(2) of PC Act 1988 Aggrieved by the order dated 05.06.2024 passed by the Additional Sessions Judge, Bhiwani in the FIR captioned above, vide which the application filed by the petitioner for preserving CCTV footage, was dismissed, the petitioner has come up before this Court by filing the present petition. 2.

Notices are served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required. 3.

Counsel for the petitioner submits that he was not arrested from the place where he was shown, however the entire proceeding was done in the police post but this fact is missing from his application (Annexure P-3). Once the accused had not pleaded in the application, no fault can be found with the concerned Additional Sessions Judge to dismiss the application. However, in the entirety of facts and circumstances of the case, petitioner is permitted to file fresh application before the concerned Court with better particulars. It is clarified that if the application is filed by 16.08.2024, the ANJU RANI 2024.08.06 12:08 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

CRR-1402-2024 concerned Court is requested to adjudicate it on priority and decide the same without being influenced to previous order of rejection dated 05.06.2024. However, if the petitioner does not file application on or before 16.08.2024, the liberty given here shall stand recalled automatically.

4.

Petition is disposed of with the aforesaid observation. All pending applications, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 30.07.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2024.08.06 12:08 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh