Punjab-Haryana High Court
Narender Alias Chhotu vs State Of Haryana on 4 December, 2014
Author: Daya Chaudhary
Bench: Daya Chaudhary
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Misc. No. M-8143 of 2014
Date of decision: 04.12.2014.
Narender alias Chhotu ..Petitioner
Versus
State of Haryana ..Respondent
CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY
1. Whether reporters of local newspapers may be allowed to
see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Abhishek Yadav, Advocate for
Mr. B.K. Bagri, Advocate
for the petitioner.
Mr. Pradeep Virk, D.A.G., Haryana
for the respondent - State.
Daya Chaudhary, J. (Oral)
The present petition has been filed under Section 439 Cr.P.C. on behalf of the petitioner-Narender alias Chhotu for grant of regular bail in case FIR No.285 dated 15.12.2013 under Sections 363, 366-A read with Section 34 of Indian Penal Code, registered at Police Station Kasola, District Rewari during pendency of the trial.
Initially, notice of motion in the case was issued and thereafter, the case was adjourned on various dates.
As per submissions made by learned counsel for the NEETU RANI 2014.12.09 10:46 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No. M-8143 of 2014 2 petitioner, various love letters were written by the prosecutrix to accused and without having FSL report, challan was presented and even charges were framed.
Vide order dated 12.03.2014, directions were issued by this Court to Director, F.S.L., Madhuban to produce the report within a period of 10 days before the trial Court.
Thereafter on 26.08.2014, following order was passed: -
" Learned counsel for the petitioner submits that the original copies of hand written letters of prosecutrix were handed over to the Investigating Officer and photocopies of the same have been placed on record before this Court. Inspite of direction issued by this Court on 12.3.2014, no compliance of the order has been made as the letters have not been sent to the Director, FSL, Madhuban and no report has also been received so far because of non sending of the letters.
Learned State counsel has brought to the notice of this Court the D.O. letter dated 16.4.2014 written by Superintendent of Police, Rewari that the letters have been produced by the accused at the time of hearing of the bail application and because of that reason, letters could not be sent to the FSL, Madhuban for the purpose of comparison.
The Superintendent of Police, Rewari is directed to file his affidavit within a period of two weeks, explaining therein as to what is the progress in the inquiry/investigation and how the letters have been considered which are not written by the prosecutrix when a specific direction has been issued by this Court and why that direction NEETU RANI 2014.12.09 10:46 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No. M-8143 of 2014 3 has not been complied with by him.
Adjourned to 25.9.2014.
Thereafter, case came up for hearing on 25.09.2014 and following order was passed: -
" Learned counsel for the petitioner submits that the alleged incident occurred in front of house of the complainant and that place is surrounded by houses of other persons. The prosecutrix was recovered after a period of two hours only and story made out by the complainant appears to be doubtful. Learned counsel further submits that the prosecutrix was shown to be taken to hospital in a semi-conscious condition and there was no injury mark on her body. As per statement of the prosecutrix recorded under Section 164 Cr.P.C., she has not stated anything regarding bodily assault. Learned counsel also submits that hand written love letters clearly shows that it was a case of consent.
Learned State counsel submits that consent of minor is not relevant and the petitioner is not entitled for bail keeping in view the seriousness of the offence.
Heard arguments of learned counsel for the petitioner as well as learned State counsel.
Admittedly, the hand written love letters of prosecutrix were not sent for comparison inspite of directions issued by this Court on 12.03.2014 and a detailed order was passed on 26.08.2014. It has been stated by learned State counsel that the letters have been sent to FSL but the report is still awaited and directions have also been issued to Director, FSL, Madhuban to file the status report within a period of 10 days and the trial Court was NEETU RANI 2014.12.09 10:46 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No. M-8143 of 2014 4 directed to adjourn the case beyond the date given by this Court on 12.03.2014. Thereafter, the case came up for hearing on 31.03.2014 and it was adjourned on request of learned State counsel to ensure compliance of order passed on 12.03.2014. The case came up for hearing on 03.07.2014 and it was adjourned as counsel for the petitioner was not present. Again the case came up for hearing on 26.08.2014 and a detailed order was passed whereby, Superintendent of Police, Rewari was directed to file his affidavit explaining as to what was the progress in the investigation and how the letters written by the prosecutrix have been considered and why inspite of specific direction issued by this Court that direction has not been complied with.
In response to directions issued by this Court on 26.08.2014, an affidavit was filed by Superintendent of Police, Rewari, wherein it has been mentioned that investigation of the case was concluded on 13.01.2014 and charges were also framed. Thereafter, the statement of prosecutrix was also recorded and now the case is fixed for examination of other witnesses. It has also been mentioned in the affidavit that the Investigating Agency had made all efforts to collect those letters from father of the accused as the accused was in custody but father of the accused has brought to the notice of the Investigating Agency that the said letters were produced before the trial Court one month earlier and those letters are part of Court file and have been marked as 'D1' and 'D2'.
On perusal of order dated 05.02.2014 passed by Sessions Judge, Rewari as well as the NEETU RANI 2014.12.09 10:46 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No. M-8143 of 2014 5 affidavit of Superintendent of Police, Rewari and also orders passed by this Court on various dates as mentioned above, it is not clear as to whether the letters are with the Investigating Agency or with the trial Court. Learned State counsel submits that the letters written by the prosecutrix were submitted before the trial Court as the same were not given to the Investigating Agency.
From the facts as mentioned above and order dated 05.02.2014 passed by the Sessions Judge, Rewari, it is clear that said letters were in the knowledge of the trial Court as those letters were also marked but not exhibited without being compared as no report of the FSL is with the trial Court. No efforts have been made by the Investigating Agency in this regard. Even the trial Court has not considered this aspect. The bail application has been declined without taking note of FSL report and incomplete challan was presented by the Investigating Agency and subsequently, no supplementary challan has been filed. In view of facts as mentioned above, the trial Court is directed to get the report from the FSL and pass necessary orders after seeing the report. Petitioner is also at liberty to move application in this regard, if any.
Compliance of order passed by this Court be made within a period of two weeks from the date of receipt of copy of the order. The necessary report be placed on record on or before the next date of hearing.
Adjourned to 29.10.2014."
Admittedly, no such application has been moved by the petitioner inspite of giving directions. Even the trial Court has sent a NEETU RANI 2014.12.09 10:46 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No. M-8143 of 2014 6 report with regard to non-compliance of order dated 25.09.2014 wherein it has been mentioned that copy of the order was not brought to the notice of the Court and it came in the knowledge of the Court on 27.10.2014, therefore, compliance of directions could not be made. Along with the report, FSL report has also been placed on record.
Learned counsel for the petitioner submits that without having the FSL report, not only the charges have been framed but out of total 21 witnesses, 15 have also been examined. The petitioner is facing agony of trial since lodging of the FIR whereas it has clearly been mentioned in the FSL report that love letters were written by the prosecutrix herself.
In Rajbir Singh and others vs. State of Haryana, Criminal Misc. No.12017 of 2014 in Criminal Appeal No. S-3105- SB of 2012, certain guidelines were issued by this Court on 22.08.2014. Those guidelines were circulated to all District and Sessions Judges of Punjab, Haryana and UT Chandigarh as well for compliance. It was also directed to circulate it to all Judicial Officers working under them for further compliance.
Accordingly, in view of the FSL report and also the guidelines issued by this Court in Rajbir Singh's case (supra), the present petition is disposed of with a direction to the trial Court to consider the report.
The Investigating Agency is also at liberty to file supplementary challan in view of the guidelines after considering the NEETU RANI 2014.12.09 10:46 I attest to the accuracy and authenticity of this document Chandigarh Criminal Misc. No. M-8143 of 2014 7 FSL report as mentioned above.
The petitioner (Narender alias Chhotu) is directed to be released on regular bail subject to furnishing bail/surety bonds to the satisfaction of the trial Court.
Disposed of accordingly.
04.12.2014 (DAYA CHAUDHARY)
neetu JUDGE
NEETU RANI
2014.12.09 10:46
I attest to the accuracy and
authenticity of this document
Chandigarh