LAWS(P&H)-2000-6-18

RAM DIA Vs. STATE OF HARYANA

Decided On June 01, 2000
RAM DIA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE challenge in this petition is to the impugned order passed by the learned Additional Sessions Judge, Kurukshetra, who had quashed the proceedings initiated under Section 145 of the Code of Criminal Procedure.

(2.) THE facts of this case are that Ram Dia (now petitioner) moved an application on 3.11.1976 for initiating the proceedings under Section 145 of the Code of Criminal Procedure. The application was dismissed as he was not found in possession, therefore, he went in revision, which was accepted and the case was remanded by the then learned Sessions Judge, Kurukshetra on 9.8.1980. On enquiry made by Shri Raj Kumar, Sub Divisional Magistrate, Nathi Ram (now respondent No. 2) was found to be in possession and again the order dated 23.3.1981 passed by the Sub Divisional Magistrate was challenged and the Additional District Judge, Kurukshetra remanded the case vide order dated 23.10.1981. The order dated 14.6.1985 passed by the Sub Divisional Magistrate after the remand was challenged in a revision under section 397 of the Code of Criminal Procedure and the proceedings were quashed.

(3.) CERTAIN observations made by the learned Additional Sessions Judge in the impugned order would clinch the matter and the same read as under :-