LAWS(DLH)-2014-12-215

SATPAL Vs. STATE

Decided On December 16, 2014
SATPAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This revision petition is directed against the order dated 11.7.2002 passed by the High Court wherein the Sessions Judge on a remand by the High Court (in terms of the order of the High Court dated 08.10.2001) had, on the ground of maintainability, dismissed the petition.

(2.) Record shows that two cross FIRs had been registered qua the same incident of 27.10.1988, at police station Keshav Puram. In FIR No.182/1988, the complainant was Pritam Dass (respondent no.2 in the present case). In the second FIR which is FIR No.2/1989, the complainant was Satpal (petitioner in the present case). Satpal and Pritam Dass are real brothers and their father's name is Budha Ram. Dispute had arisen within the family and the incident dated 27.10.1988 was an outcome of this acrimony between the parties.

(3.) Learned counsel for the petitioner has drawn attention of this Court to the orders sheets commencing from 24.7.1997 up to 20.02.1999. On all these dates which were nine dates listed before the Magistrate, both FIR Nos.182/1988 and FIR No.2/1989 were being heard and tried together. They were both listed before the same Court. However, on 19.02.1999 FIR No.182/1988 was shown to be listed; file not being available, the matter was listed for arguments on 19.3.1999. FIR No.2/1989 was, however, taken up on 20.02.1999 and not on 19.3.1999 although in both the FIRs, the previous date was the same i.e. 16.01.1999. On 20.02.1999, the matter was adjourned to 20.4.1999. Thus from 19.02.1999 both the FIRs got derailed and were taken up on separate dates.