STATE OF HARYANA Vs. RAM SARAN BHATIA

JUDGEMENT

(1.) THE State has come forward to impugn the order of discharge passed in respect of the respondent, who was being prosecuted for offences under Sections 435, 427, 201 IPC. The main thrust of the State was on the report given by the FSL, which was to the effect that burnt electric meter contained residue of diesel and so the charge of mischief was pressed against the respondent. The F.S.L report is not only to the effect that meter was burnt on account of diesel. The possibility of meter having been burnt otherwise due to sparking has also not been ruled out in the FSL report. Counsel for the respondent is justified in submitting that even if the FSL report, which is the only evidence available, is taken as gospel truth, it would not give any indication or inference as to who was responsible for burning the electric meter. This was an added aspect considered by the Court while directing discharge of the respondent. The view, which has been affirmed by the Court while discharging the respondent, is a reasonable one and would not call for any interference.

(2.) THE petition is accordingly dismissed.