RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petitioner who is serving as a Head Constable under the Haryana Police has filed the instant petition assailing communication dated Nil (Annexure P-4) issued by the Assistant Commissioner of Police, Traffic Highway, Gurugram, in terms of which departmental proceedings stand initiated against him. Impugned communication at Annexure P-4 is in the nature of a charge-sheet. Primary ground of challenge is that on the same set of allegations FIR No.506 dated 28.07.2020 under Sections 186, 332, 353 and 506 IPC stands registered against the petitioner at Police Station Shivaji Nagar Colony, District Rohtak.

(2.) Learned Senior counsel at the very outset submits that he is not pressing the challenge to the impugned charge-sheet at Annexure P-4 but would confine the scope of the instant writ petition only as regards keeping the departmental proceedings in abeyance till such time the criminal trial against the petitioner does not conclude.

(3.) Brief facts pleaded are that marriage of the petitioner was solemnized in the year 2003 and two children were born out of wedlock. However due to temperamental differences wife of the petitioner started living separately since May 2019. On 28.07.2020 wife of the petitioner got lodged an FIR against the petitioner with an ill-motive to settle scores. It is asserted that essentially a matrimonial dispute between husband and wife has been given the colour of a criminal offence. After registration of the FIR, challan was presented on 01.10.2020 and the petitioner now is facing trial.