JOM KHAN AND ORS. Vs. STATE OF HARYANA

JUDGEMENT

(1.) CRM No. 10646 of 2015

(2.) HAVING heard counsel for the petitioners and for the reasons indicated in the Crl. Misc. application, same is allowed. Delay of 83 days in filing the appeal is condoned.

(3.) BRIEF facts of the case are that Wahid son of Ibrahim has got registered an FIR No. 165 dated 21.05.2012 under Sections 147, 148, 323, 324and 506 IPC (Section 326 IPC was added later on) at Police Station Hathin, District Palwal against the complainant and other. Thereafter, as counter blast the complainant - Khalil Azad lodged an FIR No. 166 dated 23.05.2012, under Sections 147, 148, 149, 323, 324, 341, 356, 285, 307 and 506 IPC at Police Station Hathin, District Palwal, against the petitioners and their co -accused. After the investigation, challan was submitted against the co -accused - Arshad, Jamshed, Rafikat, nazakat and Asalat, under Sections 147, 148, 149, 323, 324, 325, 326, 341, 307, 427 and 506 IPC. After filing the challan, the case was transferred to the State Crime Branch for further investigation qua the other co -accused. During the investigation by the State Crime Branch offences under Sections 324, 326, 307 IPC were deleted by the police after getting the re -medical from the Board of Doctors as PGIMS, Rohtak. Vide order dated 31.10.2012, the trial Court framed the charges against the co -accused under Sections 148, 149, 323, 324, 325, 326, 307, 341, 426 and 506 IPC. Further investigation in the matter is being carried out by the State Criminal Police and supplementary challan was filed against the petitioners under Sections 147, 148, 149, 325, 427 and 506 IPC. Thereafter, the State Crime Branch has deleted the offence under Sections 324, 326, 307 IPC. Vide impugned order dated 07.10.2014, the trial Court has framed the charges under Sections 148, 149, 323, 324, 325, 326, 307, 341, 427 and 506 IPC against the petitioners. Hence, this criminal revision petition.