SANJAY Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above mentioned two petitions filed on behalf of Sanjay and Dharambir.

(2.) While the petition titled as Sanjay (complainant) Vs. State of Haryana in CRM-M-24716-2019 has been filed seeking quashing of order dated 3.5.2019 (Annexure P-1) whereby a supplemetary challan filed in respect of co-accused Amit has been tagged with the trial of the remaining 5 accused, the other petition i.e. CRM-M-37560-2020 titled as Dharambir (accused) Vs. State of Haryana and another has been filed seeking issuance of directions to the trial Court to conclude the trial in question in a time bound manner.

(3.) A few facts necessary to notice for disposal of these petitions are that FIR No.770, dated 20.9.2015, Police Station Civil Lines, Gurgaon, District Gurugram, under Sections 302, 34, 201, 120-B IPC and Section 25/54/59 of Arms Act, was lodged at the instance of Sanjay wherein upon investigation, 5 accused were initially challaned while Amit could not be arrested and was an absconder. The trial against 5 accused namely Dharambir, Mohit, Suraj, Sandeep and Kaushal (respondents No.2 to 6 in CRM-M-24716-2019) had been proceeding wherein 21 out of cited 37 PWs came to be examined while other 15 PWs were given up by the prosecution. Only one PW remained to be examined when a supplementary challan against co-accused Amit was presented in the Court on 3.5.2019, upon which the impugned order dated 3.5.2019 came to be passed.