Punjab-Haryana High Court
Umesh Kumar vs State Of Haryana And Another on 25 May, 2022
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
CRM-M No. 23131 of 2022 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 23131 of 2022 (O&M)
Date of Decision: 25.5.2022
Umesh Kumar ......Petitioner
Versus
State of Haryana and another .....Respondents
CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR
Present: Mr. Aakash Dalal, Advocate
for the petitioner.
Mr. Pardeep Prakash Chahar, DAG, Haryana.
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SURESHWAR THAKUR, J. (ORAL)
1. The victim-complainant instituted an FIR No. 0693 of 25.10.2018, registered at Police Station Rohtak City, District Rohtak. In the above FIR, the offences constituted under Sections 427, 506 IPC, are embodied. The investigating officer concerned, after completing the investigations into the petition FIR, proceeded to file a report under Section 173 Cr.P.C., before the learned trial Judge concerned. The learned trial Judge concerned, after assuming cognizance, and, jurisdiction thereons, proceeded, as stated at the bar, by the learned State counsel, to frame charges against the accused concerned.
2. After the framing of charges against the accused concerned, and, which happened subsequent to assumption of jurisdiction, by the learned trial Judge concerned, upon the investigating officer's report, preferred before him, under Section 173 Cr.P.C., the victim-aggrieved instituted an application under Section 190(1)(b) of the Cr.P.C., whereins, he pleaded for assumings of cognizance even against one Brijesh Kumar.
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3. In the application, it is averred, that since the above person is specifically named in the FIR concerned, and, also when there is prima facie incriminatory evidence available against him, and, as becomes comprised in the previously made unsigned statements of the witnesses concerned, thereupon, yet the exclusion from inculpation of the above named person, by the investigating officer concerned, rather becomes grossly untenable.
4. The learned trial Judge concerned, through an order of 18.1.2022, made thereons an order of dismissal.
5. The victim-complainant became aggrieved, and, preferred thereagainst CRR/4/2022, before the learned Additional District and Sessions Judge, Rohtak, who, through an order made thereons on 4.5.2022, also declined relief to the victim-complainant.
6. Therefore, the petitioner-victim becomes aggrieved from the above concurrently made orders, upon his application (supra), and, is led to, through the instant petition, make an assault thereon.
7. Without commenting upon the potency, and the evidetiary vigour of the incrimination made against the above named person, either in the FIR or in the previously made unsigned statements of the witnesses concerned, this Court becomes constrained to affirm the concurrently made verdicts, upon the petitioner's application (supra), rather by both the learned trial Judge concerned, and, also by the learned Revisional Court concerned.
8. The reason for drawing the above conclusion emanates, from the trite factum, that only at the pre-charge stage, if the victim-complainant has nursed any grievance, with respect to any purported lawful exclusion from inculpation of the person concerned, rather being made by the investigating officer concerned, in his report under Section 173 Cr.P.C., he 2 of 4 ::: Downloaded on - 28-05-2022 00:16:35 ::: CRM-M No. 23131 of 2022 (O&M) -3- should have not waited for the drawing of charges against the accused concerned, by the learned trial Judge concerned, as on drawing of charges against the accused person, the assumption of cognizance, and, jurisdiction, by the learned trial Judge concerned, with respect to the accused named in the report under Section 173 Cr.P.C., cannot be construed to be suffering from any legal fallacy. The imperative reason for drawing the above conclusion, becomes embedded in the factum, that the remedy at the pre- charge stage, as available to the victim concerned, became comprised in his filing an application under Section 173(8) Cr.P.C., before the learned trial Judge concerned seeking thereins the relief, that since defective investigations became conducted by the investigating officer concerned, into the FIR, rather thereons, an order be made, upon the investigating officer concerned, to hold further investigations thereinto. As above stated, the above remedy did not become recoursed, which however was the apt remedy to be recoursed, and, only at the pre-charge stage.
9. The effect of the above failure of recoursing of the legally apt remedy by the victim complainant, at the pre-charge stage, is that subsequent thereto application (supra), moved before the learend trial Judge concerned, being completely misconstituted, as its preferment become estopped, through the non-recoursing of the above legally apt remedy, by the victim-complainant. However, the said remedy, as above stated, never became recoursed.
10. Be that as it may, even if the above remedy has been failed to be exercised, at the appropriate stage, by the petitioner-aggrieved, thereupon yet, upon opening of trial against the accused, against whom charges have been drawn, by the learned trial Judge concerned, and, when thereins the 3 of 4 ::: Downloaded on - 28-05-2022 00:16:35 ::: CRM-M No. 23131 of 2022 (O&M) -4- prosecution witnesses concerned, in their respective examinations, making inculpatory echoings, qua persons concerned, thereupon, it is open to the aggrieved complainant to, with the assistance of the APP concerned, move an appropriate application under Section 319 Cr.P.C., before the learned trial Judge concerned, for his therethrough seeking the addition as accused of persons concerned, along with the already appearing accused.
11. Leaving the afore remedy to the petitioner, this Court does not find any merit in the instant petition, and, the same is hereby dismissed.
(SURESHWAR THAKUR)
JUDGE
May 25, 2022
Gurpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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