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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
203 CRR-2164-2008 (O&M)
Date of Decision:- 20.07.2026 Navtaj Singh and another
… Petitioners Versus State of U.T. Chandigarh
... Respondent
CORAM:
HON’BLE MR. JUSTICE DEEPAK MANCHANDA Present:- Ms. Arzoo Modi, Advocate for the petitioners. Mr. J.S. Toor, Senior Advocate with Mr. Jasraj Singh, Advocate for U.T., Chandigarh. ***** DEEPAK MANCHANDA
, J.
1. This revision petition has been preferred against impugned judgment dated 03.11.2007 passed by the learned Additional Sessions Judge, Chandigarh whereby an appeal filed by the petitioners against the judgment/order dated 12.09.2005 passed by the learned Judicial Magistrate 1st Class, Chandigarh vide which the petitioners were found guilty for having committed offence punishable under Section 411 IPC and were ordered to be released on probation subject to their furnishing probation bonds in the sum of Rs.5,000/- with one surety in like amount, operative for a period of next six months; to be of good behaviour; to appear and receive the sentence as and when called upon to do so during the period of next six months and in the meantime to keep peace, has been dismissed. PANKAJ KAKKAR 2026.07.24 16:08 I attest to the accuracy and authenticity of this order/judgment
CRR-2164-2008 (O&M) ( 2 )
2. The brief facts of the case are that on 17.03.2000 at about 07:30 a.m. ASI Harjit Singh alongwith other police officials was present in front of Jalandhar Restaurant, Sector 18, Chandigarh with respect to normal checking duty. Ram Pal s/o Mathura Parsad also met them and joined the police party. At about 07:45 A.M., from the light point, Sector 18/19 Chandigarh, a while contessa car having a red light on its roof top bearing registration No.CH-01Z-9463 came there and was stopped. The driver of the car disclosed his name as Hardip Singh s/o Satwant Singh whereas the other accused Navtaj Singh was sitting on front seat. Four tyres of Esteem Car were recovered from the back seat of the said car. They were taken into police possession. The accused suffered a disclosure statement under Section 27 of the Evidence Act with the result of which one tyre was recovered from the dickey of the car whereas another tyre was recovered from House No.92, Sector 18-A, Chandigarh.
They disclosed to the police that in the morning of 06.02.2000 they had stolen two complete wheels from Maruti Car bearing registration No.CH01-2494 in front of House No.1088, Sector 21-B, Chandigarh and on the previous night have stolen one wheel of Maruti Car bearing registration No.CH01Z-6932 from House No.264, Sector 35A, Chandigarh, one wheel from car bearing registration No.CH01W-3866 in front of House No.1370, Sector 34-C, Chandigarh and two wheels from a car at House No.181, Sector 8, Panchkula. On 06.02.2000, Vivek Singla r/o H.No.1088, Sector 21-B, Chandigarh had made a complaint to SHO, P.S. Sector 19, Chandigarh regarding the theft of two tyres of his car bearing registration No.CH01-2494 parked in front of his house, during the intervening night of 5/6.2.2000 pursuant to which FIR No.21 dated 06.02.2000 was registered under Section 379 IPC. Similarly on 17.03.2000, a complaint was made by one Paramjit Singh to SHO, P.S. Sector PANKAJ KAKKAR 2026.07.24 16:08 I attest to the accuracy and authenticity of this order/judgment
CRR-2164-2008 (O&M) ( 3 ) 36, Chandigarh, regarding the theft of one tyre of his Esteem car bearing registration No.CH01Z-6932 during the intervening night of 17.03.2000 pursuant to which FIR No.66 dated 17.03.2000 under Section 379 IPC was registered. Similarly, on 17.03.2000 a complaint was made to SHO, P.S. Sector 34, Chandigarh by Gyanender Gupta regarding the theft of one complete tyre of his car bearing registration No.CH01W-3866 parked in front of house No.1370, Sector 34, Chandigarh during the intervening night of 17.03.2000 pursuant to which FIR No.76 dated 17.03.2000 under Section 379 IPC was registered. Finding prima facie case the accused were booked under Section 379 IPC. The FIR was registered against the accused. Investigation was held and on completion of the same the challan was presented before the Court. 3.
Learned counsel for the petitioners submitted that the Courts below have brushed aside the material discrepancies by merely observing that the same are immaterial. Learned counsel submitted that even the independent witness had not supported the prosecution version and the defence evidence has not been taken into consideration while passing the impugned judgment and convicted the petitioners for having committed offence punishable under Section 411 of Indian Penal Code. Learned counsel thus prayed that the
judgment dated 03.11.2007 passed by learned Additional Sessions Judge, Chandigarh as well as judgment/order dated 12.09.2005 passed by learned Judicial Magistrate 1st Class, Chandigarh may kindly be set aside and the petitioners be acquitted from the charges framed against them.
4. On the other hand, learned Senior counsel has opposed the prayer made by
learned counsel for the petitioners and submits that the petitioners have PANKAJ KAKKAR 2026.07.24 16:08 I attest to the accuracy and authenticity of this order/judgment
CRR-2164-2008 (O&M) ( 4 ) rightly been convicted based upon the evidence available on record and do not deserve any concession. Learned Senior counsel has further submitted that the petitioners have criminal antecedents, however the learned Trial Court has shown leniency towards them by releasing them on probation and thus prayed that the present petition be dismissed on merits.
5. I have heard the learned counsel for the parties and have carefully gone through the record with their able assistance.
6. This Court does not find any illegality or perversity in the impugned judgments/order and the same are hereby upheld. Hence, the present criminal revision petition is dismissed.
7. Pending applications, if any, also stand disposed of. 20.07.2026 ( DEEPAK MANCHANDA ) Pankaj JUDGE Whether speaking /reasoned Yes/No Whether Reportable Yes/No PANKAJ KAKKAR 2026.07.24 16:08 I attest to the accuracy and authenticity of this order/judgment