MANOJ KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose off a petition under Sec. 482 Cr.P.C. moved by Manoj Kumar, GNR No.15192297L attached with 125 SATA Regiment c/o 56 APO, who happens to be a permanent resident of village Kuni Daultabad, Gurugram (Haryana). The petitioner in this invocation has sought quashment of an order dtd. 6/12/2018 (Annexure P6) of the Court of learned Additional Sessions Judge, Gurugram passed in criminal revision of respondent No.4 Sonu complainant against order dtd. 21/8/2018 of the Court of learned SDJM Pataudi whereby the Commanding Officer of the Regiment was ordered to hand over custody of the petitioner to the investigating officer.

(2.) Heard Mr. Arun Singla, Advocate for the petitioner; Mr. Gaurav Jindal, Addl. Advocate General, Haryana for respondent No.1; Mr. Udit Garg, Advocate representing respondents No.2 and 3; Mr. Neeraj Yadav, Advocate on behalf of respondent No.4 and perused the records of the case.

(3.) A criminal case by way of FIR No.151 dtd. 15/4/2017 under Ss. 328, 304-B, 498-A, 406 IPC was registered at Police Station Pataudi, Gurugram against the petitioner. It is during the course of proceedings vide orders dtd. 21/8/2018 (Annexure P4), the application moved by the Commanding Officer of the Unit for handing over criminal case pertaining to the petitioner to the Army Authorities was disposed off by SDJM Pataudi. The order was subsequently challenged by the complainant side through revision before the learned Additional District Judge, Gurugram who vide impugned order dtd. 6/12/2018 while disposing off the revision, directed the Commanding Officer to hand over custody of the petitioner to the Investigating Officer within one month. The same is subject matter of challenge before this Court.