WRIT PETITION 396 of 2009 on 6 July 1997

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Revision No. 1744 of 2001 Date of Decision: March 27, 2009

Major Singh

...........Petitioner

Versus

State of Punjab

..........Respondent

Coram: Hon'ble Mrs. Justice Sabina

Present: Mr.P.S.Ahluwalia, Advocate and Mr.Vinod Arya, Advocate for the petitioner.Mr. Amandeep Sigh Rai,AAG Punjab Sabina, J.

Petitioner- Major Singh was convicted for an offence underSections 279 and 338 of the Indian Penal Code (`IPC ` for short) by theJudicial Magistrate Ist Class Rupnagar vide judgment dated 22.11.1999.Vide order of even date, petitioner was sentenced to undergo rigorousimprisonment for six months under Section 279 IPC and to undergorigorous imprisonment for a period of one year and to pay a fine of Rs.500/-under Section 338 IPC. Aggrieved by the same, petitioner filed an appealand the same was dismissed by the Additional Sessions Judge, Rupnagarvide order dated 20.11.2001. Hence, the present revision petition.

The brief facts of the case, as noticed by the Appellate Courtin para 2 of its judgment, are as under:- “ The brief facts of the case, as advanced by the prosecution arethat one Balwinder Singh alias Sangat Singh son of Bishan Singhresident of village Mohalla Ghumara, Chamkaur Sahib made astatement to the police that on 6.7.1997 at about 8.30 PM he alongwith Pardeep Singh alias Deepa resident of Chamkur Sahibwere present at Garcha Petrol Pump and after getting the oil fromthere, they came out from Petrol Pump. When they reached at theroad side one scooter bearing No. PAM-5179 Bajaj Chetak beingdriven by one Major Singh was seen coming from the side ofcanal bridge Chamkaur Sahib. At that time, one Maruti Van No.CH-01-2013 came from the back side. It was being driven by itsdriver, so rashly and negligently that it hit the scooter beingdriven by Major Singh. As a result of this hit, Major Singh felldown on the pacca road and he got injuries in his head as well asupper portion of the left leg. He became unconscious. Thecomplainant with the help of Pardeep Singh stopped the MarutiVan and its driver had kept small beard and he was wheatishcolour and on his head, he had worn Towel. Major Singh scooterdriver was sent to Civil hospital Chamkaur Sahib in the sameMaruti Van. The Maruti van driver left Major Singh and scooterdriver in the hospital and then ran away from there. Afterrecording statement of Balwinder Singh son of Bishan Singh, aformal FIR was registered. The investigations were conducted inthe matter, during which the Maruti Van was taken in custody, itsdriver Major Singh son of Ajmer Singh was also arrested, siteplan was drawn, photographs of the scooter were taken on thespot, documents of the scooter as well as of the van were taken incustody and after completion of the investigations challan againstthe accused was presented in the Court for his trial under Sections279/337/338 IPC."

In the present case, notice of motion was issued qua sentence only on 27.11.2001. Thereafter, the case was admitted on 14.11.2002.

Learned counsel for the petitioner has submitted that theaccident had taken place on 6.7.1997. Petitioner was the only bread winnerof the family and was not a previous convict and has been facing thecriminal proceedings since the year 1997. The sentence qua imprisonmentbe reduced to already undergone by the petitioner.

Keeping in view the submissions made by the learnedcounsel for the petitioner, it is a fit case where the sentence quaimprisonment is liable to be reduced to already undergone by the petitioner.Accordingly, sentence qua imprisonment is reduced toalready undergone by the petitioner.

Revision petition stands disposed of accordingly.

March 27, 2009arya

(Sabina) Judge

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

Criminal Writ Petition No. 396 of 2009 Date of Decision: March 27, 2009

Narinder Kaur

...........Petitioner

Versus

State of Punjab and others

..........Respondents

Coram: Hon'ble Mrs. Justice Sabina

Present: Mr. N.G.Sharma, Advocate for the petitioner.

Sabina, J.

Petitioner has filed this petition under Article 226 of theConstitution of India seeking issuance of a writ of Habeas corpus forrecovery of her children who are alleged to be illegaly detained byrespondents No. 6 and 7.

Respondents No. 6 and 7 are the father and grand father ofthe children in question. Prima-facie, no case is made out to the effect thatthe children are in illegal custody of their father and grand father. Noground for interference is made out.

Petition is dismissed.

March 27, 2009

(Sabina) Judge arya