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High Court of Punjab and Haryana · body

2022 DAILYLAW 2515 (PNJ)

LILA RAM v. STATE OF HARYANA

CRR/2592/2022 · 2026-03-20

Aaradhna Sawhney

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Judgment text

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CRR-2592 IN 119 Lila Ram v. State of Ha CORAM: Present: AARADHN 1. order dated vide which summoning of Latoor a 89 dated 2 IPC, Sectio (Prevention Station Has 2. affidavit of District Pal 2592-2022 (O&M) -1 IN THE HIGH COURT OF PUNJA CHANDIGA Ram of Haryana AM: HON’BLE MS. JUSTICE AA Mr. Akash Jain, Advocate for Mr. Ankur Bali, Advocate for Ms. Shweta Nahata, DAG, Ha **** ADHNA SAWHNEY, J. (Oral) By way of instant revision pet r dated 27.9.2022 passed by learned A which the application filed by him u oning Sourabh, son of Babu Singh, S toor as additional accused to face trial ated 22.4.2020, registered under Sect Section 3(1)(s)(a), 33, 89 of Sched ention of Atrocities) Act, 1989 (in s on Hassanpur, District Palwal, was dis Facts as mentioned in para 2 avit of Suresh Kumar, HPS, Deputy ict Palwal, are reproduced as under:- 1- PUNJAB AND HARYANA AT DIGARH CRR-2592-2022 (O&M) Date of Decision: 20.03.202 …Petitioner. …Respondent. CE AARADHNA SAWHNEY. te for te for the petitioner. G, Haryana. petition, petitioner seeks quashing o rned Additional Sessions Judge, Palwa him under Section 319 of Cr.P.C. fo ingh, Sumer, son of Budhi, Mohan, so ce trial in criminal case bearing FIR N r Sections 147, 148, 323, 452, 506 o Scheduled Caste and Scheduled Trib 9 (in short “the SC/ST Act), at Polic as dismissed. para 2 of status report filed by way o eputy Superintendent of Police, Hoda - .2026 shing of Palwal, P.C. for han, son FIR No. , 506 of d Tribe t Police way of , Hodal, GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRR-2592 and in the (petitioner) injured in District Pa Governmen obtained th As per MLR total of two The doctor treatment. submitted a Scheduled an obstruct going on b Umesh, son Mohan, so quarrel fro making a looking tow our door, When the c me outside sticks, kick 2592-2022 (O&M) -2 “On 14.04.2020, ASI Aas Mo the meantime, MHC of the Police S ner) son of Nanuwa, resident of Bh in a fight and had been admitted t Pawal. Upon receiving this inform nment Hospital, Hodal, District P ed the MLR (Medico Legal Report) MLR No. PA/HDL/200/2020 dated 1 f two injuries: (i) Injury No.1 – Blunt inju (ii) Injury No.2 – Blunt inju ctor referred the injured Lilaram to ent. The injured Lilaram met wi ted a written complaint in which h led Caste. Sarpanch was standing truction placed in the drain and path on between Sumant son of Latoo , son of Sumant, Lala @ Ashok, son , son of Latoor and Sumer, son of l from inside our house at the doorw a call to 100 number (police h g towards them, we went inside. Imm or, forcibly opened it, caught hold the children tried to rescue me, they tside into the street and threw me i kicks and fists and also threw stones 2- Mohd. was present at Police Statio ice Station informed him that Lilara f Bhaindoli, District Pawal had bee itted to Government Hospital Hoda formation, ASI Aas Mohd. reached ct Palwal for necessary action an ort) and rukka of the injured Lilaram ted 14.04.2020, the doctor recorded injury, advised NCCT Head. injury, advised X-ray. m to Civil Hospital, Palwal for furth t with the investigating agency an ch he has stated that “I belong to ing outside with labourers to remov pathway. At that time, a dispute wa atoor, Saurabh, son of Babu Sing , son of Sumant, Bania, son of Latoo n of Buddhi. We were watching th oorway. Seeing the dispute, we we e helpline). When they noticed u Immediately, all of them ran toward hold of me and started bearing m they were also beaten. They dragge me into the mud. They beat me wi ones upon me. They used caste base tation ilaram been odal, hed at n and am. rded a urther y and g to a emove te was Singh, atoor, ng the e were ed us wards g me. agged e with based GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRR-2592 abusive wo The Sarpan me, they ag our blood, days earlie had clearl Therefore, take strict l the basis of 148, 323, 4 Hassanpur P-1.” 3. investigatio investigatio 2.6.2020, s questioned. Babusingh, Latoor and Accordingl 4. was again c son of Bab son of Lato 147, 148, 3 made out v 2592-2022 (O&M) -3 e words and hurled filthy abuses re rpanch and neighbours came and r y again attacked inside the house, s ood, kill him.” They again beaten m arlier, I had also submitted an appli early stated that a fight might oc ore, I request you to ensure the safe rict legal action against these anti- sis of which present FIR No. 89 date 23, 452, 506 of IPC & 3(1)(s) of S npur, District Palwal which is attach It emerges from the docu tigation was conducted by ASI tigations were carried out by the then 020, some of the respectables of th tioned. The DSP was of the opinio singh, Umesh, son of Sumant, Bania or and Sumer, son of Buddhi, did rdingly, Section Section 34 IPC was a It further emerges from docum again conducted by another DSP, who f Babu Singh, Umesh, son of Suma f Latoor and Sumer, son of Buddhi, w 148, 323, 452, 506 IPC and Section out vide CD No.07 dated 27.06.2020. 3- es referring to my mother and siste nd rescued me. Even after rescuin se, saying, “This Bawariya has drun ten me with sticks and stones. Thre pplication at police station in which t occur and we were under threa safety of a poor Dalit like me and -social and influential persons. O dated 22.04.2020, under sections 14 of SC ST Act has been lodged at P ttached with the petition as Annexu documents on record that initial ASI Aas Mohd. after which th he then DSP. During investigation, o of the village were joined and we opinion that accused Saurabh, son o , Bania, son of Latoor, Mohan, son o i, did not participate in the inciden was added. documents on record that investigatio , who was of the opinion that Saurab Sumant, Bania, son of Latoor, Moha ddhi, were all involved and offences u Section 3(1)(s)(A) of SC/ST Act we .2020. sister. scuing drunk Three hich I threat. and to s. On s 147, at PS exure initially ich the tion, on d were son of , son of ncident. tigation aurabh, Mohan, nces u/s ct were GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document CRR-2592 5. time, the In all the pers filed agains 188, 323, 4 Act. Duri Sumer, Mo complainan Sessions Ju which, pres 6. very fairly recorded ti petitioner s liberty to fi after exami 7. 8. 9. 20.03.2026 gbs 2592-2022 (O&M) -4 Pursuant thereto, the matter the Investigating Officer revised his e persons mentioned above were inn against Sumant and Ashok for comm 323, 452, 506 read with Section 34 I During the course of trial, an appl er, Mohan, Umesh and Bania as addit lainant, which came to be dismissed ions Judge, Palwal, vide impugned ord h, present revision petition has been fil During the course of hearing fairly admits that statement of com ded till date. It is in the light of this ioner seeks permission to withdraw t ty to file a fresh one on the same caus examination of the complainant. Allowed to do so. Dismissed as withdrawn with a Pending application(s), if any, .2026 Whether Speaking/reasoned Whether Reportable 4- atter was again enquired into and th ed his own opinion and concluded th ere innocent. Nonetheless, challan wa commission of offences punishable u n 34 IPC and Section 3(1)(s) of SC/S n application for summoning Saurab s additional accused was moved by th missed by the then learned Addition ed order dated 27.9.2022. Aggrieved o een filed before this Court. hearing, learned counsel for petition of complainant on oath has not bee of this fact that learned counsel for th draw the present revision petition wi e cause of action, if need so arises, i. with aforesaid liberty. if any, shall also stand dispose of. (AARADHNA SAWHNEY JUDGE : Yes/No : Yes/No and this ded that lan was able u/s f SC/ST aurabh, d by the ditional ieved of etitioner ot been l for the on with ises, i.e. NEY) GURBACHAN SINGH 2026.03.24 10:43 I attest to the accuracy and integrity of this document