Ajit Pal Singh v. State Of Haryana And Others

CRM-M-41967-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41967-2022 Date of Decision: September 15, 2022 Ajit Pal Singh .....Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Raj Kumar Rana, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) Instant petition has been filed for quashing/setting aside the impugned order dated 15.11.2021, passed by learned Additional Sessions Judge-cum-Exclusive Court for Fast tracking of Heinous Crime against Women, Karnal, in case FIR No.205, dated 29.10.2020, under Sections 323, 376, 498-A, 406, 511 and 506 IPC, registered at Police Station Nigdhu, Karnal and consequently to allow the application filed by the petitioner for giving directions to the Nodal Officers to preserve, produce and to place on record the call details/location/CAF of 30.11.2019 and 01.12.2019. Counsel for the petitioner has contended that petitioner is the brother-in-law, i.e. Jeth of the complainant. The complainant has levelled specific allegations against the petitioner that on 01.12.

2019 when she was sleeping, the petitioner entered her room and tried to molest her. He submits that the petitioner filed an application before the learned trial Court for preserving the call details of mobile Nos.8295863367 and 9350814443 to prove that the complainant was not even present in the matrimonial home on MEENU 2022.09.

CRM-M-41967-2022 -2that date. He submits that the learned trial Court has declined the same on the ground that the petitioner has not given the details of phone numbers etc. to prove that the same belong to the complainant. Notice of motion.

On the asking of the Court, Mr.B.S.Virk, DAG, Haryana, who is present in Court, accepts notice on behalf of the official respondent. After arguing for some time, learned counsel for the petitioner has submitted that the petition be disposed of with liberty to the petitioner to approach the learned trial Court by filing a fresh application with better particulars.

After hearing the counsel for the petitioner and perusing the record, the Court finds that request of the petitioner is genuine. The petition is disposed of with liberty to the petitioner to approach the trial Court by way of filing afresh application with specific details for redressal of his grievances.

Resultantly, the impugned order is set aside. September 15, 2022 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2022.09.21 03:18 I attest to the accuracy and integrity of this order/judgment