Azad Alias Dhola v. State Of Haryana

 




(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
 
(O&M) Date of decision: 07.02.2022 Azad @ Dhola

...Petitioner

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..Respondent
   
  

 


 



 






  





  

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Vide order dated 22.11.2021 passed by this Court, arrest of the the petitioner was stayed.

Learned counsel for the petitioner submits that the complainant is not an eye-witness and during investigation, the petitioner was found innocent and kept in column No. 2 of the final report under Section 173 Cr.P.C. presented on 23.01.2019; that even as per the disclosure statement of MANGAL SINGH 2022.02.10 15:26 I attest to the accuracy and integrity of this document

 




(O&M) -2co-accused, Amit @ Ganja, Vicky and the petitioner went to bring food stuffs and thereafter, Vicky returned but the petitioner did not and that as per the deposition of the complainant, he was told about the names of accused persons by Vijay Pal and others. It is further submitted that the FIR was registered on a hearsay evidence and the petitioner is not seen in the CCTV footage lying with the investigating agency, but even then the petitioner was summoned as an additional accused.

Learned State counsel, on instructions from ASI Krishan, submits that the petitioner has joined the investigation and he is not required for any further investigation.

I have heard the learned counsel for the parties. In view of the above, without commenting on the merits of the case, the present petition is allowed, while making the interim order absolute, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

   

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42% MANGAL SINGH 2022.02.10 15:26 I attest to the accuracy and integrity of this document