RADHEY SHYAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRM No.2225 of 2014 This is an application under Section 5 of the Limitation Act read with Section 482 Cr.P.C. for condonation of delay of 26 days in filing the revision.

(2.) Heard the submissions made by Mr. Manohar Lall, Advocate representing the petitioner and Ms. Trishanjali Sharma, AAG, Haryana representing the State; Mr. Vineet Sehgal, Advocate representing respondents No.2 to 5.

(3.) Learned counsel for the petitioner referring to the complaint made by the petitioner submitted that the police had registered a case bearing First Information Report No.205 dated 01.12.2009 under Sections 313, 498-A, 406 and 506 of the Indian Penal Code (for short 'IPC'). However, after investigation Section 313 IPC was deleted and the challan was presented only under Sections 406, 498-A and 506 IPC. Learned counsel contended that from the contents of the First information Report as well as the statement of Smt. Sudha, daughter of the complainant, it is apparent that the accused in-connivance with each other had caused the mis-carriage suffered by Sudha and she had come to know about the same later on. As such non filing of the chargesheet under Section 173 Cr.P.C against the accused for commission of offence under Section 313 IPC was illegal.