MOHAN @ MOHNI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of two petitions, seeking the same relief, i.e. a direction for further investigation of the case through CBI; by restoring another petition CRM-M-21784 of 2011; which stands already finally decided vide 28.04.2015.

(2.) For the sake of convenience, the facts are being taken from

(3.) This case has become a classic example of how the quest for perceived fairness in favour of one party can lead to abject unfairness qua the other party. This case is also an example of how the caste bias, meticulously interwoven with the irrelevant and ambiguous facts can be used by the accused to frustrate the very process of the Court, and also, this case is an example as to how the benevolent indulgence by the Courts can be misused by a clever litigant to hijack the entire process of administration of criminal justice itself in a particular case. Admittedly, it an injured eye- witness account case. Admittedly, two persons have been killed by fire shots, alleged to have been fired by the accused from their licensed guns. Admittedly, the alleged weapons of offence already stand recovered. Admittedly, the Police after their initial investigation filed challan against specified persons and found some others as innocent; ensuring fairness in the investigation. Admittedly, the charge against the accused already stood framed; as far as eight years back. However, so far the accused have been successful in avoiding the consequences of the alleged offence committed by them; and have succeeded in keeping at bay the entire process of trial by competent court of law.