JAMSHED Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Crm-20954 of 2016

(2.) Learned counsel for respondents No.2 to 4 states that he would not oppose the prayer for condonation of delay. For the reasons recorded, the application is allowed and delay of 23 days is condoned.

(3.) This petition has been filed against the order of the trial Court declining an application under Section 319 Cr.P.C. As per the allegations in the FIR the complainant-Jamshed heard the sound of shouts from outside his house and when he went from the house Nyajuddin @ Nyaju and respondent No.2-Liyakat were thrashing Kashmiri wife of Fakru. When he tried to inter se they both started blaming him and Nyaju shot at him and then both of them escaped. When the injured were being taken to the hospital respondent No.3-Miskina and respondent No.4-Khushbu pelted stones at them. The police proceeded only against Nyaju and held that respondents No.2, 3 and 4 were not complicit in the crime. The application under Section 319 Cr.P.C. was dismissed primarily on the ground that there was previous enmity between the parties (which could cause false implication) and also that there was a delay of one day in lodging the FIR.