STATE OF HARYANA Vs. THE BHIWANI TEXTILE MILLS AND OTHERS
LAWS(P&H)-1979-11-37
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 28,1979

STATE OF HARYANA Appellant
VERSUS
The Bhiwani Textile Mills And Others Respondents

JUDGEMENT

Gurnam Singh, J. - (1.) ON the basis of two First Information Reports Nos R. C 6 (PS) 1/67 (III) and R. C. 7/SPE/FSI/67 dated 13th June, 1967 and 7th July, 1967, respectively four chalans, had been (sic) up against M/s Bhiwani Textile Mills Bhi(sic) wani, M/s Technological institute of Taxation, Bhiwani and M/s Biela(sic) Cotton Mills, Malout etc., under "Sections 120 B, Indian Penal Code read with Section 7 of the Essential Commodities Act etc , in the Court of Special Judicial Magisterial Ist Class for the State of Haryana at Ambala Cantt.
(2.) THE Special Judicial (sic) Magistrate Ist Class for the State of Haryana, Ambala Cantt, decided three of the four cases on 21st December, 1968 and the fourth one on 23rd January, 1969 and in all the four cases, the accused were discharged. The State through the Public Prosecutor Central Bureau of Investigation, new Delhi., filed four criminal revision petitions in the Court of Sessions Judge, Hissar, against the judgment of the Special Judicial Magistrate in all the four cases, alleging that the trial Magistrate had erred both on facts and law, in discharging the accused and that his orders have resulted in miscarriage of justice and the same be set aside. The learned Sessions Judge, Hissar, vide he order dated 1st December, 1969 returned all the revision petitions, for presentation to the Court of competent jurisdiction holding that the court at Hissar had no jurisdiction to hear these revision petitions.
(3.) THE State, through its Special Public Prosecutor, then presented those revision petitions in the Court of Sessions Judge, Ambala, along with applications under Section 5 of the Indian Limitation Act, 1963, on 4th December, 1969, However, the learned Additional Sessions Judge, Ambala, did not condone the delay and dismissed the applications filed under Section 5 of the Limitation Act vide his order dated 6th December, 1974, in all the four cases.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.