Single judge application dismissed for leave to appeal against dismissal of criminal complaint due to lack of merit, evidentiary deficiency, and failure to name accompanying officials.
Application for leave to appeal and application for condonation of delay dismissed.
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CRM No.467 MA of 2012 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.467 MA of 2012 (O&M) Date of decision: 2.8.2012
Dhian Dass
...Applicant
Versus
Nirmal Singh and another
...Respondents
CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
Present: Mr.Mohinder Kumar, Advocate for the applicant
Jitendra Chauhan, J. (Oral)
The present application for grant of leave to appeal has been filed for setting aside the impugned judgment dated 9.2.2012, passed by the Chief Judicial Magistrate, Amritsar, whereby the criminal complaint No.141 of 16.3.2004, titled as “Dhian Dass vs. Nirmal Singh ASI” filed by the applicant was dismissed and for directing the trial Court to summon the respondents to face the trial.
Heard.
In the complaint, the applicant specifically stated that ASI Nirmal Singh was accompany by other four officials. However, the name of these four officials were never supplied to the Court. The applicant has withheld the basic evidence for the reasons best know to him. The learned counsel has failed to find out any deficiency, illegality or material
CRM No.467 MA of 2012 (O&M) 2
irregularity in the judgment passed by the learned Chief Judicial Magistrate, Amritsar. Accordingly, the present application for leave to appeal is dismissed being devoid of any merit.
As the main application for grant of leave to appeal has since been dismissed on merit, therefore, the application for condonation of delay of 21 days in filing the application is also dismissed.
(JITENDRA CHAUHAN) JUDGE
2.8.2012 gsv
1 issue framed by the court
Whether the application for leave to appeal against the dismissal of criminal complaint should be allowed when the applicant failed to supply names of accompanying officials and withholds basic eviden
Dhian Dass
Nirmal Singh
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
