ASHA RANI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has preferred the present petition under Section 397 read with Section 401 of the Code of Criminal Procedure for quashing of the order dated 14.3.2014 passed in Cr. Misc application No.16-4/14 by learned Addl. Sessions Judge, Ghumarwin, Distt. Bilaspur with a prayer to allow the application dated 22.11.2013.

(2.) The brief facts as relevant for the disposal of the present petition are that the applicant/accused No.2 Asha Rani had filed an application under Section 306 of the Code of Criminal Procedure for tendering her pardon and for transposing her as prosecution witness in the case. It was averred in the application that during the trial good sense prevailed upon petitioner and she wants to disclose the true facts which could not be disclosed at the time of investigation, out of fear and threat from the accused No.1 and his family members. It was averred that the petitioner was ready to depose the truth being a sole eye witness to the occurrence. It was averred that she would disclose these facts only after getting the pardon. No prejudice would be cause to either party, rather it would facilitate the Court to reach at a just decision.

(3.) The application was opposed by the Accused No.1 Ranjeet Singh by filing a reply where an preliminary objection was taken to the effect that petitioner had many opportunities to disclose the alleged act and now when a criminal complaint had been filed by the accused against her, she had preferred the application just on account of enmity. He further contended that on account of the act and conduct of the petitioner she did not deserves to any pardon. The rest of the averments made in the reply were not necessary for the purpose of adjudicating the present case.