High Court Punjab-Haryana High Court

Baljit Singh vs State Of Haryana on 15 May, 2009

Punjab-Haryana High Court
Baljit Singh vs State Of Haryana on 15 May, 2009
      In the High Court of Punjab and Haryana at Chandigarh


                          Criminal Misc. No.M-13352 of 2009
                          Date of decision: 15.5.2009


Baljit Singh

                                                        ......Petitioner

                           Versus



State of Haryana

                                                      .......Respondent


CORAM: HON'BLE MRS. JUSTICE SABINA


Present:       Mr.V.S.Punia , Advocate,
               for the petitioner.
                            ****


SABINA, J.

This petition has been filed by Baljit Singh under Section

482 of the Code of Criminal Procedure (“Cr.P.C. for short) for

quashing of order dated 24.7.2008 (Annexure P-3) passed by the

Sessions Judge, Sonepat, whereby the revision petition against order

framing charge dated 4.10.2007 passed by the Sub Divisional

Judicial Magistrate, Gohana (Annexure P-1) was allowed.

Learned Sub Divisional Judicial Magistrate, Gohana vide

order dated 4.10.2007 (Annexure P-1) framed charge against

accused Anand under Section 326 IPC. The said order was

challenged by the accused by way of a revision petition and the same
Criminal Misc. No.M-13352 of 2009 -2-

was allowed by learned Sessions Judge, Sonepat vide order dated

24.7.2008 (Annexure P-3) on the ground that the grievous injury on

the person of the petitioner was with the blunt weapon and hence, no

offence under Section 326 IPC was made out.

Section 326 IPC reads as under:-

Voluntarily causing grievous hurt by dangerous

weapons or means- Whoever, except in the case

provided for aby Section 335, voluntarily causes grievous

hurt by means of any instrument for shooting, stabbing or

cutting, or any instrument which, used as a weapon of

offence, is likely to cause death, or by means of fire or

any heated substance, or by means of any poison or any

corrosive substance, or by means of any explosive

substance, or by means of any substance which it is

deleterious to the human body to inhale, to swallow, or to

receive into the blood, or by means of any animal, shall

be punished with imprisonment for life, or with

imprisonment of either description for a term which may

extend to ten years, and shall also be liable to fine.”

Admittedly, the injury on the right eye of the petitioner was

caused with the handle of a spade, which was used thrust-wise. It is

a case of single injury. Since the grievous injury was allegedly

caused with a blunt weapon, learned Sessions Judge, Sonepat has

rightly observed that no offence under Section 326 IPC was made
Criminal Misc. No.M-13352 of 2009 -3-

out and the Magistrate has rightly been directed to re-consider the

matter and frame the charge afresh against the accused. Hence, the

impugned order does not call for any interference.

Accordingly, this petition is dismissed.

(SABINA)
JUDGE

May 15, 2009
anita