IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 1868 of 2011 Date of decision:- December 6, 2011 Mai Lal .....Petitioner VERSUS State of Haryana and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. D.R. Nirban, Advocate, for the petitioner. Ms. Shruti Jain, AAG, Haryana, for the State. Mr. Akshay Bhan, Advocate, for respondent No.2. **** RANJIT SINGH, J. The petitioner has filed this petition seeking direction for quashing the order, whereby the trial Court had not proceeded against two of the accused named by the petitioner for a serious allegation under Sections 363, 376(G) and 506 IPC. On the basis of a supplementary challan presented, two persons namely Rampal and Umed Singh were shown in column No.2 and were not challaned. Being aggrieved against this, the petitioner has filed the present petition. During the pendency of this petition, the petitioner as well as his daughter prosecutrix has appeared as witnesses before the trial Court. They both have resiled from their version while giving statement before the Court and were declared hostile by the prosecution counsel. They were subjected to cross-examination by the prosecution. Thereafter, they were cross-examined by the Crl. Misc. No. M- 1868 of 2011 -2- defence and both the witnesses clearly conceded before the Court that the accused persons did not kidnap the prosecutrix or commit rape on her. On the basis of this evidence, the accused persons tried in the case have since been acquitted. That being the actual or factual position, the petitioner can have no justification to pursue with the present prayer made in the petition, once they themselves have resiled from their statements. The petition is dismissed. December 06, 2011 ( RANJIT SINGH ) monika JUDGE