SHUGAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE case of the prosecution is that on 22.2.2000, there were State Assembly Elections in Haryana. There was a polling booth in village Patti Kalyana. When Ram Kishan complainant was present near the society after having gone to booth No. 150, Pale Ram was attacked by Satta, Vikram, Bhupinder sons of Pawan, Sanjay, Vinod sons of Sugan and Sugan son of Mullah residents of Patti Kalyana. When the complainant Ram Kishan and Roshan tried to intervene, they were also beaten up by the aforesaid persons. On the basis of the said statement, FIR No. 53 dated 22.2.2000 under sections 148/149/323/324/325/307/506 IPC was registered. After investigation, accused were found innocent. Cancellation report was presented. Notice was issued to Ram Kishan. After hearing the complainant and perusing the police report, learned Magistrate sent the report to the Addl. Sessions Judge, Sonepat. The learned Addl. Sessions Judge, after hearing the complainant and the Public Prosecutor did not accept the cancellation report and directed the police to complete the investigation and to submit the challan against the accused persons within 45 days i.e. on or before 28.10.2002.

(2.) AGGRIEVED by the said order, present revision petition has been filed.

(3.) ON the other hand, Mr. K.S. Chauhan, learned DAG submitted that Court has the power to direct the police to put up the challan if it comes to the conclusion that police is helping the accused.