ASHWANI KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of mode of Criminal Procedure is directed against the order dated November 30, 2006 passed by Sessions Judge, Yamuna Nagar, whereby, application under Section 319 of Code of Criminal Procedure (for short 'Cr.P.C') filed by prosecution was dismissed.

(2.) CASE First Information Report No. 86 dated May 11, 2006 under Sections 323, 324, 307 and 447 read with Section 34 of Indian Penal Code was registered in Police Station Sadar, Yamuna Nagar on the allegations that Jaspal, Naresh, Parveen Kumar and Suresh were out to pick up a fight with their cousin Arun Kumar and his uncle Sanjiv Kumar. Parveen Kumar and Suresh gave slab and fist blows to Arun Kumar and Sanjiv Kumar. Then Jaspal gave gandasa blow on the head of Arun Kumar. Naresh Kumar gave a khoncha blow on the head of Sanjiv Kumar.

(3.) IT calls for pointed notice that while passing the impugned order, learned Sessions Judge observed as under :