IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

132 RESERVED ON: 08.04.2025 PRONOUNCED ON:02.07.2025 JATINDER SINGH AND ORS.

......PETITIONERS Versus STATE OF PUNJAB AND ANR .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. H.P.S. Ishar, Advocate for the petitioners.

Mr. Jaspal Singh Guru, AAG, Punjab.

SANDEEP MOUDGIL, J RELIEF SOUGHT

1. The petitioners have come to this Court invoking the jurisdiction under Section 528 of BNSS, 2023 to seek quashing of:-

(i) Criminal complaint No.COMI/02/2023-Narinder Singh vs. Jatinder Singh and others (Annexure P-2) dated 12.01.2023;

(ii) Summoning order dated 02.09.2024 passed by JMIC, Fatehgarh Sahib (Annexure P-3);

(iii) The order dated 05.01.2024 passed by the Sessions Judge, Fatehgarh Sahib vide which the revision petition preferred by the petitioners stands dismissed (Annexure P-5); and (iv) the order dated 24.10.2024 (Annexure P-6) passed by JMIC, Fatehgarh Sahib whereby the complaint case has been committed to the Court of Sessions clubbing the same to be tried together with FIR No.72, dated 08.07.2022, under Section 307, 323, 324, 325, 506 and 34 IPC, (now Sections

109, 115(2), 118(1), 117(2), 351(2), 3(5) of BNS, 2023) Police Station Badali Alla Singh, District Fatehgarh Sahib which was lodged by the present petitioners against the complainant-respondent.

FACTUAL MATRIX

2. Briefly stated the facts of the present case could be culminated to say that an alleged incident took place on 07.07.2022 which the accusation that Narinder Singh-complainant along with his father Sh. Harwinder Singh was sowing the paddy crops in the fields at about 11:00 a.m. At that time, the petitioners-accused persons came there under the influence of liquor armed with danda in the hands of Jatinder Singh and Kahi being carried by Amninder Singh, who attacked the complainant and his father. The lalkara was allegedly raised by one Balwinder Singh that the complainant and his father should not be spared. It is further alleged that the petitioner-Jatinder Singh gave a danda blow towards the head of the complainant, which hit on his right shoulder and Amninder Singh caused blow with backside of Kahi upon the complainant injuring his right ankle whereas other accused persons caused multiple injuries on the person of the complainant. It is also the allegation that thereafter hurting the religious sentiments of complainant and his father, his turban was removed and thrown away and pulled the beard of his father. Again, a danda blow was alleged to have been given by Jatinder Singh on right side of the forehead of complainant’s father and Kahi blow by Amninder Singh again on the father of the complainant hitting on his left hand. Subsequent danda blow by Jatinder Singh on both forearms of the complainant’s father made him to fell down on the ground and then all the accused persons allegedly gave blows together with danda and Kahi on the back near the shoulder of complainant’s father and upon other parts of the body. It was only after the alarm was raised by the complainant and his father, number of persons gathered at the spot, who saved the complainant from the clutches of accused persons. Finally, all the accused persons-petitioners along with their respective weapons are started to have been fled away from the place of occurrence while advancing threat to kill the complainant and his father on the next occasion.

3. It is on the above said version the impugned complaint came to be lodged by respondents on 12.01.2023 before the Court of JMIC, Fatehgarh Sahib.

4. The JMIC, Fatehgarh Sahib issued summoning to the accused persons only under Section 323 and 506 IPC (now Sections 115(2), 351(2) of BNS 2023) read with Section 34 of Indian Penal Code (now Section 3(5) of BNS 2023) whereas it did not found sufficient reasons to summon them under Section 325, 295-A and 307 IPC (now Sections 117(2), 299, 109(1) of BNS

2023) while dismissing the complaint for these offences.

5. The petitioners preferred a crimi