VIRAKAT KUTI ASHRAM Vs. MOHINDER SINGH

JUDGEMENT

(1.) The present revision petition has been filed challenging the order passed by the learned Additional Sessions Judge, Hoshiarpur, dated 2.5.2017, whereby the order passed by the learned trial Court dated 30.3.2017, was set aside and the learned trial Court was directed to pass orders afresh after taking into consideration the observations made by the appellate Court earlier vide order dated 2.11.2015.

(2.) In the present case, an application was moved before the learned trial Court under Section 306 of the Code of Criminal Procedure by the complainant-petitioner for tendering pardon to one of the accused -- accomplice Bhola Nath Kapoor on the ground that since the complainant -- petitioner is suffering from various ailments and is unable to bring sufficient evidence to prove the guilt with regard to execution of the sale deed and that since accused Bhola Nath Kapoor has already made his intentions clear that now he wanted to confess his guilt by becoming an approver and to record the necessary statement in that regard. Said application was contested by co-accused namely Mohinder Singh on the ground that the said application which was filed under Section 306 Cr.P.C. by petitioner -- complainant, was not maintainable keeping in view the fact that earlier also similar application was filed by the co-accused Bhola Nath Kapur who himself wanted to become an approver for tendering pardon which was earlier allowed by the learned trial Court but the said order was set aside in revision by the learned Additional Sessions Judge, Hoshiarpur and therefore, ultimately said similar application filed by Bhola Nath Kapoor stood dismissed.

(3.) Against this order of learned Additional Sessions Judge, Hoshiarpur, a revision petition was also preferred in the High Court which, however, was dismissed in default.