Dinesh vs State Of Haryana on 12 January, 2009

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                   Criminal Misc. No. M-22977 of 2008
                   Date of decision: 12th January, 2009

Dinesh

                                                                 ... Petitioner

                                  Versus

State of Haryana
                                                              ... Respondent

CORAM:      HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

Present:    Mr. R.S. Mallik, Advocate for the petitioner.
            Mr. S.S. Mor, Senior DAG Haryana for the State.

KANWALJIT SINGH AHLUWALIA, J. (ORAL)

Petitioner is aggrieved against the adverse remarks recorded

by the Additional Sessions Judge, Sonepat, while acquitting the petitioner.

The order of Additional Sessions Judge, Sonepat, against which grievance

has been made, reads as under:

“14. Before parting with the judgment, it is added that
since the accused is involved in heinous crime, although
acquitted, but he is not possessing good state of mind i.e.
disturbed mental attitude, he shall not be given any arms
licence during his life time. The arms licence already in the
name of the accused may be cancelled forthwith. The accused
shall not be entitled to carry or possess any arms in future. A
letter to the relevant authorities with the copy of this order be
sent at once.

File be consigned to the record room.

      Announced in open Court.                            Sd/-
      3rd March, 2007                               Addl. Sessions Judge
                                                    Sonepat 3.3.2007"

Counsel for the petitioner has submitted that a sweeping

observation has been recorded by the Additional Sessions Judge, Sonepat
Criminal Misc. No. M-22977 of 2008 2

holding that petitioner is not possessing a good state of mind i.e. disturbed

mental attitude, without any basis.

A perusal of the impugned judgment reveals that petitioner was

acquitted as witnesses had not supported the prosecution case. The

judgment reflects no reasoning or no basis for giving the remarks, against

which the present petition has been filed.

Therefore, present petition is accepted and remarks given in

the judgment “but he is not possessing good state of mind i.e. disturbed

mental attitude, he shall not be given any arms licence during his life time.

The arms licence already in the name of the accused may be cancelled

forthwith. The accused shall not be entitled to carry or possess any arms in

future.” are expunged.

[KANWALJIT SINGH AHLUWALIA]
JUDGE
January 12, 2009
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