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
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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
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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