S. No.134 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CRM-M-62697 of 2025 Date of Decision:10.11.2025 Bharat Bhushan and another .....Petitioners Vs.

Vikas .....Respondent CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. Arman Goyal, Advocate for the petitioners.

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Yashvir Singh Rathor, J. (Oral)

1. This is a petition filed under Section 528 of BNSS, for quashing of criminal case No.COMI-51/2019 dated 29.04.2019 filed by the respondent against the petitioners under Sections 323, 506 and 34 IPC pending before the ld. ACJM, Jind, which is fixed for 27.11.2025 and the summoning order dated 16.01.2020 passed by CJM, Jind whereby the petitioners have been summoned under Sections 323, 506 and 34 IPC and order dated 03.05.2025 passed by ld. ASJ, Jind whereby criminal revision petition filed against the afore-said summoning order has been dismissed.

2. Learned counsel for the petitioner contended that as per allegations levelled by the complainant in the complaint case instituted by him, he was standing outside his shop on 04.04.2019 when both the petitioners came there armed with wooden dandas and caused injuries to him with wooden dandas and fist blows on his hand, feet and back. On hearing the noise, one Himanshu and Ashish were attracted to the spot and, thereafter, accused- petitioners ran away while extending threats to kill him in future. Learned counsel contended that the version of the complainant is nothing but a concocted story and true version has been suppressed, according to which, on 04.04.2019 at about 3:30 PM, when petitioner No.1 – Bharat Bhushan was present at his house, complainant – Vicky alias Vikas along with five persons called him outside his house and caused injuries to him with binda on his left eye, waist and he also suffered internal injuries. When petitioner No.1 tried to run away, they blocked his way and threatened to kill him and thereafter, he had got registered FIR No.179 dated 04.04.2019 under Sections 323, 34, 341 and 506 IPC at Police Station Jind City, District Jind against the complainant and five other persons. Learned counsel contended that complainant has filed the complaint just to pressurise him and they have been summoned to face the trial by ld. Chief Judicial Magistrate, Jind vide order dated 16.01.2020 for the offences under Sections 323, 506 and 34 IPC which is now fixed for 27.11.2025. Learned counsel contended that no case for summoning both the petitioners is made out from the evidence available on the file and the impugned order vide which they have been summoned is non- speaking and shows non-application of mind on the part of the learned trial Court. Mere examination of two witnesses by the complainant is not sufficient and the Magistrate has to carefully scrutinize the evidence. The present complaint being an abuse of the process of law, the summoning order as well as judgment dated 03.05.2025 vide which revision petition filed by the petitioners has been dismissed by the Court of Additional Sessions Judge, are liable to be set aside.

3. I have heard learned counsel for the petitioners and have gone through the material on the file.

4. As per version of the complainant, accused- petitioners had assaulted him while he was standing outside his shop and caused injuries to him with wooden sticks as well as fist blows and he suffered injuries. He got himself medico legally examined and the occurrence was also witnessed by Himanshu and Ashish and while going away, petitioner- accused had threatened to kill him in future. Complainant led preliminary evidence and besides examining himself as CW1, he also examined Himanshu as CW2 and Ashish as CW3, who corroborated his testimony. Complainant also led in evidence his MLR Mark A, according to which he had suffered multiple bruises on his right fore-arm and on his back. Thereafter, report under Section 202 Cr.P.C was also sought by the learned trial Court and Police also came to the conclusion that complainant alon