Alam Ali vs State Of Haryana on 24 February, 2009

Criminal Misc. No. M-4068 of 2009                                        1




      In the High Court of Punjab and Haryana, at Chandigarh.


                   Criminal Misc. No. M-4068 of 2009

                      Date of Decision: 24.2.2009


Alam Ali
                                                                ...Petitioner
                                  Versus
State of Haryana
                                                             ...Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Ms. Sharmila Sharma, Advocate
         for the petitioner.


Kanwaljit Singh Ahluwalia, J. (Oral)

Counsel for the petitioner contends that the prosecutrix Pooja

Singh had eloped with the brother of the petitioner. Counsel for the

petitioner rely upon Annexure P2 affidavit for caste conversion and

Annexure P3 regarding marriage agreement between Agsar Ali and

Rabia Parveen. Agsar Ali is said to be brother of Alam Ali, present

petitioner.

Counsel for the State submits that case is now posted for

9.5.2009 for recording of the evidence.

Taking into consideration peculiar facts of the case where age

of the prosecutrix is being seriously contested and the personal liberty of

the petitioner is involved, trial Court is directed to prepone the date fixed

for recording of evidence from 9.5.2009 to an early date. The

Investigating Officer shall ensure presence of the prosecutrix and
Criminal Misc. No. M-4068 of 2009 2

medical evidence and other evidence for determination of the age.

Petitioner is granted liberty to withdraw the present petition to approach

this Court afresh after recording of testimony of prosecutrix, medical

evidence and evidence regarding age.

As prayed, the present petition is dismissed as withdrawn.

(Kanwaljit Singh Ahluwalia)
Judge
February 24, 2009
“DK”