Sewak Singh vs State Of Haryana
2022 Latest Caselaw 1671 P&H

CRR-147-2022                                                        -1-


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

(221)
                                 CRR-147-2022
                                 Date of decision: - 15.03.2022
Sewak Singh
                                                                  ....Petitioner

                                   Versus

State of Haryana
                                                                .....Respondent


CORAM : HON'BLE MR. JUSTICE VIKAS BAHL


Present:-     Mr. Keshav Pratap Singh, Advocate,
              for the petitioner.

              Mr. Munish Sharma, AAG, Haryana.

                          ****

VIKAS BAHL, J. (ORAL)

The challenge in the present revision petition is to the

impugned order dated 15.12.2021, passed by learned Additional Sessions

Judge, Sirsa, vide which, the application filed by the petitioner under

Section 167(2) Cr.P.C. has been dismissed.

Perusal of the impugned order would show that it was the

admitted case between the parties that FSL report had not been annexed

along with the report under Section 173 Cr.P.C. and on the basis of the

said admitted fact, the learned Additional Sessions Judge, Sirsa, decided

the matter, vide judgment dated 15.12.2021.

On 03.03.2022, when the matter came up for hearing before

this Court, on the arguments raised by learned State counsel, the

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following order was passed: -

"CRM-4501-2022 The present application has been filed under Section 482 Cr.P.C. for placing on record the judgments as Annexure P-3.

For the reasons mentioned in the application, same is allowed subject to all just exceptions and Annexure P-3 is taken on record.

Main Case Learned State counsel, on instructions from SI Ram Niwas, has pointed out that in the present case, although, it has been the stand of all the parties that the report under Section 173 Cr.P.C. did not contain the FSL report but as per his latest instructions, there is one FSL report dated 30.06.2021 which was received in the Office of the DSP, Sirsa on 22.07.2021 and was appended with the report under Section 173 Cr.P.C. on 11.11.2021 and the same was duly indexed and attached alongwith the said report at page No. 271 to 273. He prays for a short adjournment to file an affidavit of S.P. Concerned with respect to the said aspect.

Adjourned to 15.03.2022.

Affidavit be filed on or before the next date of hearing. Learned State counsel is also directed to get 3 copies of the challan for perusal of the Court as well as for the counsel for the petitioner."

Perusal of the above order would show that the stand of the

respondent-State now is that the FSL report has been prepared on

30.06.2021 and was received in the office of DSP, Sirsa on 22.07.2021

and was a part of the report under Section 173 Cr.P.C. at page 271 to 273.

Learned counsel for the petitioner has vehemently argued

that a perusal of the zimini orders would show that it was noticed that the

FSL report was not a part of the challan. It is further submitted that in the

challan which has been shown today in the Court, although the FSL

report is stated to be from page 271 to 273, but there is some overwriting

on the said page numbers. Learned counsel for the petitioner has further

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referred to para 4 of the impugned order to highlight the fact that learned

PP had submitted that the FSL report is not the part of the challan/report

under Section 173 Cr.P.C. and the said fact, therefore, cannot be disputed.

Learned State counsel has referred to the status report by way

of affidavit of the Superintendent of Police, Sirsa, dated 10.03.2022, filed

on behalf of the respondent-State, which was called for vide order dated

03.03.2022 and it is submitted that as per their stand, the FSL report was

filed along with the challan/report under Section 173 Cr.P.C.

This Court has heard learned counsel for the parties and has

perused the paper-book.

From the above-said facts, it is apparent that the facts which

stood undisputed before the Additional Sessions Judge, Sirsa are now

being disputed by the respondent-State.

In view of the above, it would be appropriate that the

impugned order dated 15.12.2021 is set aside and the matter is remanded

back to the learned Additional Sessions Judge, Sirsa, to pass a fresh order

after considering all the above-said aspects.

It would be open to the petitioner to contend that the said

report was not a part of the challan and to refer all the documents/zimini

orders in this regard.

It would also be open to the respondent-State to show that

the FSL report was a part of the report under Section 173 Cr.P.C.

The Additional Sessions Judge, Sirsa would, after coming to

the conclusion with respect to the above-said disputed question of facts,

adjudicate the matter in accordance with law.

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Learned counsel for the parties will bring to the notice of the

Additional Sessions Judge, Sirsa, the order passed by this Court on the

next date of hearing.

Present revision petition is allowed in above terms.

                                              ( VIKAS BAHL )
March 15, 2022                                     JUDGE
naresh.k

            Whether reasoned/speaking?               Yes
            Whether reportable?                      No




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