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2023 Supreme(P&H) 682

DEEPAK GUPTA
Surinder Kaur – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Suvir Sidhu and Mr. Gursher Singh Dhillon, Advocates for the petitioner.
Mr. R.S. Khaira, DAG, Punjab.
Mr. P.K.S. Phoolka, Advocate for respondent Nos.2 and 3.

DEEPAK GUPTA, J.

This revision is directed against the order dated 30.01.2020 passed by learned Judicial Magistrate 1st Class, Bathinda, whereby an application under Section 216 Cr.P.C. for amendment/addition of charge under Section 326 IPC in a case arising out of FIR No.132, dated 24.09.2015, registered at Police Station Sangat, District Bathinda, under Sections 323 and 325 IPC, has been declined.

2. FIR was lodged on the complaint of Smt. Surinder Kaur (petitioner herein), as per which on 04.09.2015 at about 12.15 p.m., respondent Nos.2 and 3 had released the water from their house towards her house. She asked them to stop the water flow, in response to which respondent Nos.2 and 3 pushed her. She fell down. Respondent Ramesh Kumar (wrongly mentioned as Rakesh Kumar in the memo of parties) then hit an iron rod, which was pretty sharp on its edge at her hand; whereas Ashok Kumar gave punches to her. She shouted for help, at which her son Manjit Singh came to the spot. The assailants fled away.

3. After necessary investigation, challan was filed to prosecute respondent Nos.2 and 3 under Sections 323 and 325 read with 34 IPC. The two respondents were charge-sheeted by the Court of lea

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