MAHINDRO DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of CRM-M-39146-2015, filed under Section 439, Cr.P.C., by Mahindro Devi, wife of Rajpal, and CRM-M-41908-2015, filed under Section 438, Cr.P.C., by Sube Singh, son of Multan Singh, both residents of village Jamba, Police Station, Pundri, District Kaithal, since both the cases have arisen out of FIR No. 15, dated 11.1.2015, for the offences punishable under Sections 148 and 302 read with Sections 34 and 149, IPC, registered at Police Station, Pundri, District Kaithal.

(2.) The complete copy of the paper book of CRM-M-41908-2015 (Sube Singh v. State of Haryana) has been supplied to learned counsel for the State in the Court. Learned counsel for the parties are agreeable that both these petitions can be disposed of together by this common order since the police file has been brought by ASI Mahi Pal of Police Station, Pundri, District Kaithal.

(3.) Mr. V.K. Jindal, learned senior counsel representing Sube Singh, submits that during investigation, the allegations levelled against him (Sube Singh) were found to be false and, as such, the charge-sheet (challan) was presented qua his three coaccused only. He further submits that during investigation it was found that at the time and date of occurrence, the location of the mobile phone of the petitioner, Sube Singh, was of Uttar Pradesh and, as such, he was not present in the jurisdiction of Police Station, Pundri, which is far away from the State of Uttar Pradesh.