SUKHPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition filed under Section 438 read with Section 482 Cr.P.C. is for setting aside the order dated 3.5.2016 passed by learned Additional Sessions Judge, Faridabad whereby the application filed by the petitioner for modification of order dated 27.4.2016 passed by the said Court was dismissed.

(2.) Learned counsel for the petitioner contends that on the basis of complaint made by Rajesh Kumar son of Dharambir Singh, resident of village Kaurali, Tehsil Ballabgarh, District Faridabad, the FIR No.128 dated 1.3.2016 under Sections 448 and 506 IPC was registered at Police Station City Ballabgarh, District Faridabad. The petitioner had approached learned Additional Sessions Judge, Faridabad for anticipatory bail whereby learned Additional Sessions Judge admitted him on anticipatory bail vide order dated 27.4.2016. However, contention of the counsel for the applicantpetitioner was recorded that he will not dispossess the complainant without due process of law. Thereafter, the petitioner moved an application for modification of said order for removing the line in para No.3 of said order wherein it was mentioned that, "applicant is ready to give an undertaking that he will not dispossess the complainant Rajesh Kumar from the shop, without due process of law".

(3.) Learned counsel for the petitioner has further contended that prayer of the applicant-petitioner was declined by learned Additional Sessions Judge without any cogent reason and has prayed for setting aside of the impugned order dated 3.5.2016 passed by learned Court below.