Amit Kumar v. State Of Haryana

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-41233-2024 (O&M) Date of Decision:-27.8.2024 Amit Kumar ... Petitioner

Versus

State of Haryana ... Respondent

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Munish Kumar Garg, Advocate and Mr. Tanuj Goyal, Advocate for the petitioner. Mr. Munish Sharma, DAG, Haryana.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioner has approached this Court seeking quashing of FIR (Annexure P-1) and all consequential proceedings emanating therefrom. 2.

Learned counsel for the petitioner submitted that in the instant case as many as 100 persons have been arrayed as accused with regard to injuries sustained by two police officials. It has further been submitted that upon investigation charge-sheet has been filed against about 29 persons including the petitioner, whereas there is no evidence worth credence to establish involvement of the accused.

3.

Learned counsel for the petitioner submitted that as far as the present petitioner is concerned, the only evidence against him is the alleged Pankaj Kakkar 2024.08.27 15:46 I attest to the accuracy and authenticity of this document

CRM-M-41233-2024 (O&M) ( 2 ) disclosure statement made by the petitioner himself and that there is no other corroborative evidence to establish the allegations and that under these circumstances putting the petitioner to trial would be nothing but a futile exercise as no conviction can be sustained solely on the basis of disclosure statement and that too of the accused himself. It has, however, been informed that the matter is currently at the stage of consideration as regards framing of charges and is fixed for 8.10.2024 before the Trial Court. 4.

Without commenting anything as regards merits of the case or as regards veracity of averments made in the petition, the instant petition is disposed off with liberty to the petitioner to raise all the pleas as have been raised herein before the Trial Court at appropriate stage including the pleas which have been recorded above. The Trial Court would be expected to consider all the pleas in accordance with law and to pass an appropriate order while considering the question as regards framing of charges. 27.8.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.08.27 15:46 I attest to the accuracy and authenticity of this document