AKHTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Akhtar-Complainant has filed this petition under Section 439 (2) Code of Criminal Procedure, 1973 to challenge the order dated 18.06.2020 (Annexure P-8), whereby Additional Sessions Judge, Nuh granted anticipatory bail to private respondent Nos.2 to 7, who were declared proclaimed persons on 08.07.2019 (Annexure P-3), in criminal complaint No.39 dated 01.03.2016, titled "Akhtar Vs. Nazar and others".

(2.) Briefly the facts of the case are that upon a complaint given by Akhtar, a case FIR No.182 dated 23.11.2013 under Sections 148, 149, 365 and 377 Indian Penal Code, 1860 was registered at Police Station Nagina, District Mewat against various accused persons, including the private respondents. The translated version of FIR as contained in the petition reads as under:-

(3.) After registration of above FIR, investigation in the alleged crime was conducted and upon completion a cancellation report under Section 173 (2) Cr.P.C was submitted before the Court of competent jurisdiction, but being dis-satisfied with the same, the petitioner filed a protest petition. Thereafter considering the pre summoning evidence and other documentary material on record, trial Court vide order dated 08.05.2017 (Annexure P-1), summoned private respondent Nos.2 to 7 for commission of offences punishable under Sections 365, 323 and 34 IPC, whereas qua accused Nos.8 and 9, Sanjida and Ruksar (both daughters of Nazar Ali) protest petition was dismissed. Further, the trial Court found no evidence regarding the alleged commission of offence punishable under Section 377 IPC.