Punjab-Haryana High Court
Dharam Singh Kang And Another vs State Of Punjab And Others on 11 February, 2011
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.6580 of 2005
Date of Decision : February 11, 2011.
Dharam Singh Kang and another .....Petitioners
versus
State of Punjab and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Vikram Chaudhri, Advocate, for the petitioners.
Mr.N.K.Sanghi, Addl.AG. Punjab.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
The petitioners seek quashing of the order dated 22.9.2004 passed by the learned Judicial Magistrate, 1st Class, Kharar, whereby their application for dropping the proclamation proceedings initiated under Section 82 Cr.P.C. in the case arising out of FIR No.159 dated 2.7.2004 registered at Police Station Kharar District S.A.S. Nagar Mohali under Sections 302/307/148/149 IPC read with Sections 25/27/54/59 of the Arms Act, was not accepted and they stood declared as proclaimed offenders.
It is stated by the learned State counsel that during the pendency of this writ petition, a Special Investigating Team was constituted by the State Government who after re-investigating the matter, has submitted a supplementary investigation report exonerating the C.W.P.No.6580 of 2005 2 petitioners of the allegations levelled in the FIR and on the basis of the said supplementary investigation report the public prosecutor moved an application under Section 321 Cr.P.C. for withdrawal of the prosecution, but the same has been rejected by the learned Sessions Judge, Ropar vide order dated 31.1.2011.
Keeping in view that fact that the petitioner No.1 is more than 82-83 years of age and petitioner No.2 is stated to be a house wife looking after two minor children, this writ petition is disposed of in terms of the interim protection granted to the petitioners vide the order of even date passed in C.W.P.No.11578 of 2004 (Dharam Singh Kang and another versus State of Punjab and others).
Dasti.
February 11, 2011 (SURYA KANT) Mohinder JUDGE