Dismissed
Karnail Singh & Ors. v. State of Punjab
Punjab & Haryana HCCRM-M/622/2012
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(O&M) 1 IN THE HIGH COURT OF PUNJAB AND…
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(O&M) 1 IN THE HIGH COURT OF PUNJAB AND…
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Crl.Misc.No.M-622 of 2012 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-622 of 2012 (O&M) Date of decision:09.01.2012
Karnail Singh and others
....Petitioners
Versus
State of Punjab
....Respondent
CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Mr. Arihant Jain, Advocate, for the petitioners.
Mr. Anter Singh Brar, Sr. DAG Punjab.
RAKESH KUMAR GARG, J (ORAL)
The petitioners have challenged the impugned order dated 10.12.2011 of Additional Sessions Judge, Patiala, whereby, while setting aside the order dated 9.7.2011 passed by Judicial Magistrate Ist Class, Patiala, the trial Court has been directed to pass afresh order regarding framing of charges after hearing learned counsel for the parties and on appreciating the report under Section 173 Cr.P.C. and other documents annexed therein.
Learned counsel for the petitioners has vehemently argued that in Para No.12 of the impugned judgment, the Additional Sessions Judge, Patiala, has already given a definite opinion with regard to framing of charges under Section 326/324 IPC, which has caused a strong prejudice to the case of the petitioners.
After hearing learned counsel for the parties, it is made clear that in pursuance of order dated 10.12.2011 passed by
Crl.Misc.No.M-622 of 2012 (O&M)
2
Additional Sessions Judge, Patiala, while framing charges, the trial Court will not be swayed by any observations as made in para No.12 of the impugned judgment of the trial Court and trial Court shall pass the afresh order after hearing learned counsel for the parties and perusing the report under Section 173 Cr.P.C and other documents annexed therein.
This petition is disposed of with the aforesaid
observations.
January 09, 2012 (RAKESH KUMAR GARG) savita JUDGE
Karnail Singh and others
State of Punjab
Rakesh Kumar Garg
As recorded by the court registry
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