The magistrate can take cognizance of offences based on personal knowledge or information under BNSS, 2023, enabling summons even without prior witness examination or formal complaint, while also allowing subsequent objection rights for summoned individuals.

JUDGMENT :

SANJAY VASHISTH, J.

1. By filing present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘ BNS S , 2023’), petitioners, i.e., (i) Inspector Navpreet Singh, (ii) HC Rajwinder Singh, (iii) SC Harjit Singh, (iv) SCT Jaswinder Singh Man, have challenged the order dated 18.02.2025, passed by Ld. Judicial Magistrate First Class-cum-Illaqa Magistrate, Bathinda (in short, ‘Ld. JMIC’), whereby, while taking cognizance u/s 210(1)(c) of S , 2023 in CRM No.707, dated 18.02.2025, all the petitioners along with one SCT Gaganpreet Singh, have been summoned under Sections 103 , 238, 340 r/w 190 of Bharatiya Nyaya Sanhita, 2023 (in short, ‘ , 2023’) (corresponding Sections 302 , 201, 470/471 r/w 149 IPC ).

Material Facts: -

2. On 17.10.2024, at about 11:45 PM, Inspector Navpreet Singh69/IC, CIA.I, Bathinda deposits the dead body of deceased Bhinder Singh in the Civil Hospital, Bathinda, which is received by Dr. Rajat Sharma, MO, vide postmortem register entry No. 573 dated 17.10.2024. Subsequently, at about 4:43 AM, on 18.10.2024, Inspector Navpreet Singh enters DDR No.03 Dated 18.10.2024, PS Thermal, Bathinda which reads as under :

"Insp. Navpreet Singh, IC, CIA.1, had received a secret information that Baljinder Singh @ Billa, an accused wanted in FIR No.191/2021, PS Civil Lines, Bathinda, had come present at the house of co-accused in the said FIR, Satnam Singh son of Darshan Singh, resident of Kothe Mehna Patti, Lakhi Jangle, District Bathinda. Accordingly, Inspector Navpreet Singh alongwith HC Rajwinder Singh, No.622/BTI, S, CT Harjeet Singh, No.193, PHG4 Mahinder Singh, PHG Gurwinder Singh, raided aforesaid house of Satnam Singh, but aforesaid Baljinder Singh @ Billa was not found there. Then they again contacted the police informer, who informed that brother of Satnam Singh, namely Bhinder Singh, who is required in other cases registered at PS Nehianwala, was seen going towards Bathinda, alongwith one person resembling Baljinder Singh @ Billa. Thereafter, Inspector Navpreet Singh alongwith the police party, tracing the said person reached near thermal plant lakes, where they saw in street lights, that at the roadside, one young man was sitting on the motorcycle and the other was standing near him, talking to each other. The person who was standing was Bhinder Singh @ Kaka Nihang son of Darshan Singh, resident of Kothe Mahana Patti, Lakhi Jangal. The inspector identified him as he was previously known to him. Seeing the police party, the young man, who was sitting on the motorcycle, ran away from the spot and Bhinder Singh son of Darshan Singh jumped into the water of the lake. Inspector with the help of the police party tried to rescue him and took him out of the water and taken to Civil Hospital, where he was declared dead. The dead body of Bhinder Singh was deposited in the Mortuary of Civil Hospital, Bathinda."

3. On 18.10.2024, ASI Gurpreet Singh entered DDR No.25 dated 18.10.2024, PS Thermal, stating that the father and relatives of the deceased were present at CH Bathinda but refused to record statements and father of the deceased namely Darshan Singh verbally stated that he would talk to his other son Satnam Singh, who is lodged in Jail, before recording any statement. But newspapers dated 19.10.2024, namely 'Bhaskar' and 'Punjabi Jagran' and one online Public App reported that relatives of deceased Bhinder Singh had protested and alleged that police officials of CIA, tortured Bhinder Singh to death as they had picked him from the place near village Lakhi Jangal, on 17.10.2024, with the allegation of keeping illegal weapon and