Punjab-Haryana High Court
Balwant Kataria @ Bobby Kataria vs State Of Haryana And Ors on 5 February, 2018
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
120
CRM-M No.4591 of 2018
Date of Decision: February 5th, 2018
Balwant Kataria @ Bobby Kataria
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr. Rajvinder Singh Bains, Advocate
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court with a grievance that he has been tortured and has been inflicted injuries which may be not apparent but are available to be seen through MRI examination.
Counsel for the petitioner contends that the petitioner has been produced in Court and has been granted police remands in different cases of about 30 days. He further contends that the petitioner is unable to even walk as was apparent from the very sight of it when he moves but the concerned Magistrate has not taken cognizance thereof. He further states that till date, no legal aid has been provided to the petitioner as he is unable to engage a counsel.
Keeping in view the assertions of the counsel for the petitioner, the present petition is disposed of with directions to the Chief Judicial Magistrate, Gurugram, to look into the allegations of the petitioner, as has been highlighted and recorded above and ensure that a competent legal aid counsel is provided to him in case he has not engaged any private counsel on his own.
The legal aid counsel thereafter would take steps for redressal of the grievance of the petitioner, if any, including moving appropriate application before the competent Court for his medical examination which 1 of 2 ::: Downloaded on - 12-02-2018 00:58:01 ::: CRM-M No.4591 of 2018 2 should include the required tests which may also be an MRI, if so mandated or required.
Copy of this order be given dasti to the counsel for the petitioner under signatures of Bench Secretary of this Court.
February 5th, 2018 (AUGUSTINE GEORGE MASIH)
Puneet JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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