RAJENDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners are two accused out of six accused persons facing trial before the learned trial Court in FIR No. 430 dated 09.11.2013 registered under Sections 147/148 and 323 read with Section 149 of the Indian Penal Code (IPC) at Police Station Badshahpur, District Gurgaon. They have invoked jurisdiction of this Court under Section 482 Cr.P.C. seeking to quash the order dated 08.05.2014 (Annexure P -4) passed by the learned Judicial Magistrate Ist Class, Gurgaon framing charges against the petitioners and co -accused for offences under Sections 323 read with Sections 148 and 149 IPC and also the order dated 03.03.2015 (Annexure P -6) passed by the learned Additional Sessions Judge, Gurgaon in a revision against the said order. The revision was filed by all the six accused persons whereas the instant petition has been filed by two of them.

(2.) LEARNED counsel for the petitioners submits that because of the dispute of passage a false case was registered by the complainant by taking advantage of natural death of Ramanand.

(3.) IN support of this contention, reliance was placed upon the opinion of medical board constituted for finding the cause of death of the deceased. This is review opinion by the board of doctors and it was found that cause of death was due to shock following pre -existing significant ventricular hypertrophy (thickened heart chambers and walls) and arrhythmia causing sudden cardiac death which is the natural cause of death.