Hari Ram vs. State Of Haryana

ITEM NO.MM-9A Court No.9 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl) No(s).6839/2012 (From the judgement and order dated 08/08/2012 in CRLR No.75/2012, of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) HARI RAM AND ANR Petitioner(s) VERSUS STATE OF HARYANA AND ANR Respondent(s) (With appln(s) for ex-parte stay and exemption from filing O.T.) Date: 06/09/2012 This Petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE B.S. CHAUHAN HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA For Petitioner(s) Mr. P.S. Patwalia, Sr. Adv. Mr. Neeraj Shekhar,Adv. Mr. Ashutosh Thakur, Adv. Mr. Kuldeep Singh, Adv. Mr. Priyaranjan Rai, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Mr. P.S. Patwalia, learned senior counsel appearing for the petitioners makes a statement that the depositions of all the witnesses have been recorded. The trial is at the stage of recording the statement under Section 313 Cr.PC. So in all circumstances, the present petitioners have to face de novo trial. The impugned order has been passed only taking into consideration the deposition of one witness that is PW1 Gulshan. We do not know what could have been the position in case the deposition of all

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other prosecution witnesses had been taken into consideration. In view of the above, issue notice returnable in three weeks.

In the meanwhile, proceedings qua the petitioners shall remain stayed.

| (DEEPAK MANSUKHANI) |(M.S. NEGI) | | Court Master | Court Master |