Pahlad v. State of Haryana

CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH. Present:- Mr. Jitender Singh, Advocate, for, Mr. Sunil Kumar Bhardwaj, Advocate, for the petitioner (s). Mr. A.K. Jindal, A.A.G. Haryana, for respondent-State. AUGUSTINE GEORGE MASIH, J. (ORAL). The present petition has been preferred by the petitioner, challenging the order dated 16.09.2008 (Annexure-P-3), passed by the learned Chief Judicial Magistrate, Bhiwani, wherein recovery of an amount of Rs. 30,000/- as arrears of land revenue from properties of 1/5th share of Narsi s/o Pehlad Brahmin r/o Dudhawa, Tehsil Dadri, District Bhiwani, in case F.I.R. No. 116 dated 30.03.1991 under Section 307 I.P.C., Police Station Sadar, Dadri, has been ordered, on the ground that the recovery of Rs. 30,000/- as compensation to the injured Satpal, was ordered by this Court, while deciding Criminal Appeal No. 57-S.B. of 1995 Narsi Kumar Versus State of Haryana. The operative part of order reads as follow :- “ Counsel for the appellant had lastly argued that the appellant was a young boy and student of M.A. and the occurrence had taken place 15 years back and, therefore, a lenient view be taken.

Criminal Misc. No. M-22001 of 2009. -2- In this case, injured Satpal had remained admitted in the hospital and some operation had also been conducted on him. Appellant is stated to have already undergone 3 months of the imprisonment. I find that it will not be proper to send the appellant to jail at this stage. Whereas it will be appropriate that he is burdened with compensation to be paid to the injured. Under these circumstances, while dismissing the appeal, it is directed that appellant Narsi Kumar shall pay/deposit a sum of Rs. 30,000/ - as compensation in the Court of CJM, Bhiwani within a period of three months from today. If this compensation is so deposited, the sentence of imprisonment shall stand reduced to already undergone. The compensation so deposited shall be paid to Satpal injured. With above modification, this appeal is dismissed. November 10, 2006 Sd/- M.M. Aggarwal, Judge.” It is the contention of counsel for the petitioner that order passed by this Court dated 10.11.2006 was a conditional one, whereby the son of the petitioner was directed to deposit an amount of Rs.

30,000/- as compensation to be paid to Satpal injured. In case the petitioner deposited the said amount with the Chief Judicial Magistrate, Bhiwani, within a period of three months, then the imprisonment of son of the petitioner was to be treated as reduced to already undergone from that date onwards. He contends that Narsi Kumar son of the petitioner Pahlad Brahmin had expired on 18.01.2001. Since he had expired before the appeal was taken up for hearing, there was no question of Narsi Kumar being released from jail. The order dated 10.11.2006 came to be passed by this Court as counsel for the appellant Narsi Kumar was not aware of the fact that Narsi Kumar had already expired, and, therefore, the appeal had abated. On the basis of this Criminal Misc. No. M-22001 of 2009. -3- factual aspect, prayer is made for quashing of the impugned order dated

16.09.2008 (Annexure-P-3). Upon notice of motion having been issued, respondent-State has filed reply in the Court and the same is taken on record. All the factual assertions as made in the petition and contended by counsel for the petitioner, have been admitted. In the light of factual assertions as has been made by counsel for the petitioner on the basis of the petition and in view of admission of said facts by respondent-State, the impugned order dated

16.09.2008 (Annexure-P-3), passed by the learned Chief Judicial Magistrate, Bhiwani, cannot be sustained. Accordingly, the present petition is allowed. The order dated

16.09.2008 (Annexure-P-3), passed by the learned Chief Judicial Magistrate, Bhiwani, stands quashed. October 26, 2009. sjks. (AUGUSTINE GEORGE MASIH) JUDGE