Paramjit Kaur v. Balkar Singh & Anr.

Supreme Court of India · 25 Apr 2016
Arun Mishra; V. Gopala Gowda
Special Leave Petition (Crl.) No.228 of 2012
criminal other Procedural

AI Summary

The Supreme Court ordered a fresh hearing on the framing of charges and sanction for prosecution after noting incomplete arguments on merits in a criminal case.

Full Text
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Page 1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (CRL.) NO.228 OF 2012
Paramjit Kaur … Petitioner
Vs.
Balkar Singh & Anr. … Respondents
In this SLP the accused persons had questioned the framing of the charge and dismissal of the discharge application before the High Court. The case was heard and reserved with other connected matters but on a perusal we find that the case is somewhat different. Only the question of sanction has been argued whereas the High Court has also decided on merits that there is no evidence against the accused person to frame charge. On the latter aspect no arguments have been advanced by learned counsel for the parties. As this case is required to be re-heard, it be de-tagged from other cases and be listed for hearing afresh.
………………………J.
(V. Gopala Gowda)
New Delhi; ………………………J.
April 25, 2016. (Arun Mishra)
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ITEM NO.1B-For Order COURT NO.9 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 228/2012
(Arising out of impugned final
ORDER
and order dated 14/07/2011 in CRR No. 1390/2009 passed by the High Court Of Punjab & Haryana At
Chandigarh)
PARAMJIT KAUR Petitioner(s)
VERSUS
BALKAR SINGH AND ANR Respondent(s)
Date : 25/04/2016 This petition was called on for pronouncement of
ORDER today.
For Petitioner(s) Ms. Kamini Jaiswal,Adv.
For Respondent(s)
Mr. Arvind Kumar Sharma,Adv.
Mr. Sudhir Walia, Adv.
Ms. Niharika Ahluwalia, Adv.
Mr. Abhishek Atrey,Adv.
Hon'ble Mr. Justice Arun Mishra pronounced the
Order of the Bench comprising Hon'ble Mr. Justice
V. Gopala Gowda and His Lordship.
In terms of the signed non-reportable order, inter alia, as this case is required to be re- heard, it be de-tagged from other cases and be listed for hearing afresh.
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In view of the above, list in the next week.
(VINOD KUMAR JHA)
COURT MASTER
(MALA KUMARI SHARMA)
COURT MASTER
(Signed Non-Reportable order is placed on the file)