IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Rev. 558 of 2008 (O&M) DATE OF DECISION : SEPTEMBER 2, 2008 TEJ PAL ....... PETITIONER(S) VERSUS STATE OF HARYANA .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. GS Sandhu, Advocate, for the petitioner(s). Mr. Tarun Aggarwal, Sr.DAG, Haryana. AJAI LAMBA, J. (Oral) CRM 13406 of 2008 This application under Section 5 of the Limitation Act has been filed for condonation of delay of 260 days in filing the revision petition. For the reasons stated therein, the application is allowed. Delay of 260 days in filing the revision petition is condoned. Criminal Revision 558 of 2008 This petition has been filed in challenge to order dated 2.4.2007 whereby charges have been framed against the petitioner. It has been contended that an incident took place on 15.3.2006. All the injured had reached the hospital, however, the statement was not Criminal Rev. 558 of 2008 (O&M) 2 given on the ground that they would like to consult. On 17.3.2006, the FIR was lodged, however, the complainant did not indicate the presence of Shish Pal. In the supplementary statement, Shish Pal has been shown as present at the spot. It has further been pointed out that Shish Pal was admitted to the hospital on 20.3.2006 for the fire arm injury allegedly received by him on his thumb. The contention, therefore, is that Section 307, Indian Penal Code, could not have been invoked and, therefore, the charge against the petitioner in this regard is liable to be set aside. Learned counsel for the respondent-State has pointed out that the age of injury itself indicates that it was 3 to 7 days old. A gun and gandassi have been recovered from the petitioner. It would be a moot point to be considered by the trial Court in regard to the late admission of Shish Pal in the hospital and the effect of the FIR version wherein Shish Pal has not been shown present. Learned counsel for the petitioner, however, at this stage, wants to withdraw this petition so as to take all the pleas taken in this petition before the trial Court, at an appropriate stage. Dismissed as withdrawn with liberty as prayed for. September 2, 2008 ( AJAI LAMBA ) Kang JUDGE