IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of Decision:-06.02.2025 Shadi Ram & Ors ......Petitioners.

Vs.

Dev Singh & Anr ......Respondents.

CORAM:- HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present:- Mr. Brijender Kaushik, Advocate for the Petitioner.

Mr. Chander Shekhar, Advocate for respondent no.1.

Mr. Dharam Pal, Assistant Advocate General, Haryana.

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JASJIT SINGH BEDI, J.(ORAL The present revision petition has been preferred against the order dated 04.03.2010 passed by Additional Sessions Judge, Ambala reversing the order dated 29.09.2009 of Additional Chief Judicial Magistrate, Ambala which discharged the petitioners in complaint titled as Dev Singh Vs. Shadi Ram & Ors. under Sections 324, 325, 326, 34 IPC P.S.

Sadar, Ambala Cantt.

2. The brief facts of the case are that FIR No.65 dated 27.05.2022 under Sections 324, 34 IPC P.S. Sadar Ambala Cantt. was registered against the petitioners by the complainant/respondent no.1. After due investigation the allegations were found to be false and the injuries were stated to have been self suffered. A cancellation report was submitted before the Illaqa Magistrate on 30.07.2022.

3. A criminal complaint under Section 156(3) CrPC was filed before the Illaqa Magistrate, Ambala with the allegations that on 27.05.2022 complainant/respondent no.1 was going towards his bara and all the accused were standing in front of his bara and stopped him. Jit Singh caught hold of him and Gurmail Singh gave a gandasi blow to him. When he tried to stop the blow and save himself, he received injuries with the gandasi. Thereafter, Shadi Ram gave a blow to him and he fell down after which Shadi Ram gave a Khunta blow on his back. The copy of the complaint is attached as Annexure P-1 to the petition.

4. A report under Section 202 Cr.PC was filed wherein the factum of the registration of the FIR and the cancellation report pending before the Court was submitted on 14.03.2003 (Annexure P-3).

5. Meanwhile preliminary evidence was recorded of the complainant himself and two other witnesses namely Sant Ram and Kulwant Singh. Based on the evidence on record the petitioners were summoned to face trial under Sections 324, 326 read with Section 34 IPC vide order dated

18.12.2003 (Annexure P-4).

6. On consideration of the material on record, the Magistrate discharged the petitioners on the ground that there was no medical evidence to substantiate the injuries caused to the complainant as the doctor who had examined him and the doctor who had radiologically examined him had not bee examined as witnesses and, therefore, in the absence of the medical evidence it could not be presumed that any injury on the person of the complainant had been caused by the accused. The copy of the said order dated 29.09.2009 passed by the Illaqa Magistrate is attached as Annexure P-

5 to the petition.

7. The complainant challenged the aforementioned order of discharge and the court of Additional Sessions Jude, Ambala set aside the said order and remanded the case back for fresh adjudication on 04.03.2010 (Annexure P-5).

8. It is the aforesaid order which is under challenge in the present petition.

9. The Counsel for the petitioners contends that the impugned order is based on conjectures and surmises. Only a photocopy of an MLR had been produced in Court and that to at the instance of the respondent/complainant himself. The doctor who had allegedly medico- legally examined the complainant and the doctor who had conducted his X- Ray examination had not bee examined before the summoning order had been passed. Therefore, in those circumstances, pursuant to the order of summoning the petitioners had been discharged. In fact there was no admissible evidence at all for which charges can be framed against the petitioners. He therefore contends that the order dated 4.3.2010 be set aside.

10. The Counsel for the complainant on the other hand contends that the charges can be framed on the basis of suspicion alone. The medical evidence was sufficient t