C.R.R. No.3290 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R.R. No.3290 of 2010 (O&M) Date of Decision : 23.03.2011 Jagdish Rai Garg and others ……Petitioners Versus State of Haryana …Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI -.- Present: Mr. Sandeep K. Sharma, Advocate for the petitioners. Ms. Shalini Attri, D.A.G., Haryana. *** AJAY TEWARI, J. (Oral) This petition has been filed against the order dated 08.09.2010 passed by the learned Additional Sessions Judge, Rohtak whereby the petitioners have been charge-sheeted for offences under Sections 279, 337, 304 and 114 IPC. C.R.R. No.3290 of 2010 (O&M) -2- The allegations are that the petitioners were passengers in a vehicle driven by the third accused-petitioner No.3 which had an accident with a motor-cycle on which two persons were riding and one of them died. After 10 days the injured made a statement that he heard the petitioners exhorting the driver to run over the deceased. Learned counsel for the petitioners has argued that the story is inherently improbable since it is highly unlikely that a person who was injured in an accident could have heard the passengers telling the driver to run over his companion. Learned Deputy Advocate General, Haryana has pointed out that earlier the petition for quashing the F.I.R. was dismissed by this Court. Learned counsel for the petitioners has countered by arguing that the earlier petition was dismissed before the filing of the challan and that order has been placed on record by the petitioners themselves as Annexure P-2 with the present petition and in that order even while dismissing the petition this Court had permitted the petitioners to raise all these points before the learned trial Court. In my considered opinion, the present is not a case for quashing the charges. However, learned counsel for the petitioners has argued that exemption may be granted to the petitioners for appearing on each and every date before the learned trial Court. I C.R.R. No.3290 of 2010 (O&M) -3- find this to be a fair request. In the circumstances, even while dismissing this petition I direct that the petitioners shall be exempted from appearing before the learned trial Court on each and every date except on the date/s when they are specifically so required by the Judge. ( AJAY TEWARI ) March 23, 2011 JUDGE ashish