KULWANT SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition filed under Section 482 Cr.P.C. and Section 9 of Probation of Offenders Act by the petitioner -complainant in FIR No. 324, dated 27.9.1995, under Sections 323, 325, 34 IPC, registered at Police Station Pehowa, for setting aside order dated 16.10.2012 passed by Chief Judicial Magistrate, Kurukshetra, vide which application filed by petitioner for taking respondents no. 2 and 3, i.e., Malwinder Singh and Gurnam Singh, into custody for violation of conditions of order dated 19.2.2010 passed by this Court has been dismissed.

(2.) BRIEFLY stated, FIR No. 324 dated 27.9.1995 under Sections 323, 325, 148 read with Section 149 IPC was registered against accused -respondents no. 2 and 3, i.e., Malwinder Singh and Gurnam Singh. They were held guilty by learned trial Court vide judgment dated 24.4.2002. The judgment was upheld by appellate court, i.e., learned Additional Sessions Judge, Kurukshetra, and the appeal against the said judgment was dismissed vide judgment dated 8.10.2004. In criminal revision filed before this Court conviction was upheld and, however, respondents were given benefit of Section 4 of the Probation of Offenders Act, 1956 and were ordered to be released on probation of good conduct for a period of one year. Thereafter FIR No. 1, dated 2.1.2011 under Sections 148, 149, 323, 326 IPC was registered at Police Station Pehowa, District Kurukshetra, against respondents no. 2 and 3.

(3.) IT has been contended by learned counsel for the petitioner that before expiry of period of one year, another FIR was registered against respondents no. 2 and 3 and hence they have violated the conditions of the bond.