JUDGMENT :

1. In the wake of instant surge in COVID – 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

2. This criminal revision petition under Section 397 read with Section 401 Cr.P.C. has been preferred against the order dated 26.07.2021 passed by learned Additional Sessions Judge, Raisinghnagar, District Sriganganagar in Criminal Misc. Case No.13/2017 (CIS No.13/2017), framing charges against the present accused-petitioners for the offences under Sections 308, 447, 427, 341, 323 & 325 read with Section 34 IPC.

3. Learned counsel for the accused-petitioners submits that on 04.07.2016, the respondent No.2-Nanak Singh (injured/complainant), while undergoing treatment at Community Health Centre, Sri Ganganagar, gave a parcha bayan to the police, alleging therein that on that date at about 12 o’clock, his son and his nephew, alongwith the injured/complainant were doing work in his agricultural field. At that time, some persons, including the present accused-petitioners entered the agricultural field of the complainant, and accused-Mahendra Singh, who was carrying pistol in his hand, fired upon the son of the injured/complainant, while using abusive language, with an intention to kill him; but somehow his son managed to save his life. Thereafter, when the son of the injured/complainant rushed towards his jeep and started the same, the accused persons surrounded the same, whereupon accused-Balvinder Singh, with an intention to kill the injured/complainant’s son opened gunfire, and the pellet whereof hit his lips, resultantly blood started oozing. It was further alleged that accused-Kuldeep Singh was amongst the persons, who attacked the jeep of the complainant and broke the windshield thereof. It was also alleged that thereafter, many acts were done by the accused persons, with a clear intention to kill the complainant party.

4. Learned counsel for the accused-petitioners submits that on the basis of the aforementioned information, an FIR bearing No.117/2016 was registered at Police Muklawa, District Sri Ganganagar for the offences under Sections 307, 336, 447, 323, 147, 148 & 149 IPC and Section 27 of Arms Act against the accused petitioners and one Darshan Singh, and the investigation commenced. Learned counsel also submits that after investigation, the concerned investigating office did not find the offences to be made out under Section 307 & 336 IPC and Section 27 of the Arms Act, but found the offences under Sections 308, 427, 341, 325 & 34 IPC to be made out, and accordingly, charge-sheet was filed against the present accused-petitioners and the said Darshan Singh for the offences under Section 308, 447, 427, 341, 323, 325 & 34 IPC before the learned Judicial Magistrate, First Class, Raisinghnagar, District Sriganganagar, who committed the case to the Court of Sessions, wherefrom the case was transferred to the learned trial court i.e. Additional Sessions Judge, Raisinghnagar, District Sriganganagar.

5. Learned counsel for the accused-petitioners further submits that the learned trial court thereafter, without due appreciation of the evidence and material placed before it, framed the charges against the present accused-petitioners for the offences under Sections 308, 447, 427, 341, 323, 325 read with Section 34 IPC, despite the fact that the present criminal proceedings launched by the complainant against the accused-petitioners is nothing but an abuse of the process of law; this more so, when the FIR was registered after an unexplained delay of nine hours, as the incident in question alleged to have occurred at 12’o clock, whereas the FIR was registered at 9:00 p.m.

6. Learned counsel for the accused-petitioner also submits that the averment of the complainant regarding the accused-petitioners with an intention to kill the complainant party is also falsified from the fact that no gunfire injury was suffered