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ASHWANI KUMAR versus STATE OF PUNJAB & ANR

High Court of Punjab and Haryana, Chandigarh

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Ashwani Kumar v. State of Punjab & Anr - CRM-51687-M-2005 [2006] RD-P&H 11250 (27 November 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. Misc. No. 51687-M of 2005

DATE OF DECISION : 01.12.2006

Ashwani Kumar

.... PETITIONER

Versus

State of Punjab and another

..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. Hemant Bassi, Advocate,

for the petitioner.

Mr. N.S. Gill, AAG, Punjab.

Mr. Vivek Arora, Advocate,

for respondent No.2.

* * *

Petitioner Ashwani Kumar, who has been named as accused in FIR No. 115 dated 20.4.2005 registered at Police Station Phase VIII, Mohali, under Sections 306, 511 IPC, has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of the FIR and the subsequent proceedings on the ground that from the facts and circumstances of the case, no offence under Section 306 read with Section 511 IPC is made out.

Counsel for the parties state that the case has been committed to the Court of Sessions and the same is now pending consideration for framing of charge. In view of this fact, counsel for the petitioner states that the petitioner may be permitted to withdraw this petition with liberty to raise all the points raised in this petition as well as the fact that the parties have compromised the matter, at the time of framing of charge.

Dismissed as withdrawn with the aforesaid liberty. In case, the petitioners raise the points raised in this petition as well as the fact of compromise, the same will be taken into consideration by the trial court at the time of framing of charge.

December 01, 2006 ( SATISH KUMAR MITTAL ) ndj JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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