Single judge disposed of the petition. Directed trial Court to examine allegations by non-proceeding complainant. Trial Court may drop proceedings if no offence made out.
Trial Court directed to consider allegations and pass speaking order; liberty to approach Court again if charges framed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-23701 of 2011 Date of decision: 13.03.2013
Bhuvnesh Roda and Others
..Petitioners
Vs.
State of Haryana and Anr.
..Respondents
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
Present: Ms. Neeru Bansal, Advocate for Mr. Sanjay Vashisth, Advocate for the petitioners.
Ms. Shalini Attri, DAG, Haryana.
None for complainant-respondent No. 2. *********
M.M.S. BEDI, J.(ORAL)
It is apparent from the order dated 04.10.2012 that respondentcomplainant was not interested to proceed with the prosecution of the petitioners in an FIR registered by her against the petitioners. No one has put in appearance on behalf of respondent No. 2-complainant.
The challan has been presented. Petitioner No. 4 is a proclaimed offender.
This petition is disposed of at this stage with a direction to the trial Court to consider the allegations levelled by respondent No. 2 and in case no offence is found to be made out against any of the petitioners, it will be open to the trial Court to drop the proceedings. It will be appreciated if a speaking order is passed while considering the charges.
Disposed of, with liberty to approach this Court again in case the trial Court opts to frame charges against any of the petitioners.
( M.M.S. BEDI) 13.03.2013 JUDGE Poonam (II)
1 issue framed by the court
Whether the present petition should be disposed of and trial Court directed to consider allegations before framing charges.
Bhuvnesh Roda and Others
State of Haryana
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
