PARTEEK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition has been filed by the petitioner challenging the order dated 4.10.2018 (Annexure P-3) passed by learned Additional Sessions Judge, Panchkula,whereby respondent No. 2 was discharged qua commission of offence under Section 120-B IPC and the case was sent back to the learned Magistrate, Panchkula for further trial of the petitioner for the offence under Section 216 IPC.

(2.) Case of Parteek Kumar-petitioner is that he is the brother of Bhupesh Rana (since deceased) and is the complainant in case FIR No. 89 dated 16.4.2018 under Sections 302, 216, 120-B, 148, 149 IPC and Section 25 of the Arms Act, registered at Police Station Chandimandir, District Panchkula.

(3.) Learned counsel for the petitioner has argued that in the present case, Kulbir Singh-respondent No. 2 was arrested on 6.5.2018 and challan against him was presented vide final report dated 1.8.2018 (Annexure P-2). At a later stage, other co-accused Bhupinder Singh @ Bhupi Rana and Gaurav @ Roda were also arrested, who suffered disclosure statement regarding involvement of respondent No. 2 in the present case.