IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (141)

Date of Decision: 05.02.2026 (Through V.C.)

Anil Kumar …... Petitioner V/s State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. S.P.S. Khaira, Advocate, for the petitioner.

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JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 528 of BNSS is for quashing of the impugned order dated 27.03.2025 (Annexure P-2) passed by the Judicial Magistrate Ist Class, Khanna, whereby the application of the prosecution to add Section 307 IPC has been allowed and the case has been committed to the Court of Sessions and the order dated 04.12.2025 (Annexure P-3) passed by the Additional Sessions Judge, Ludhiana in CRR/292/2025 whereby the revision petition filed by the petitioner has been dismissed.

2. The brief facts of the case are that an FIR No.0136 dated 01.09.2020 under Sections 326, 307 IPC, Police Station City-2, Khanna, came to be registered at the instance of the complainant-Vikas Sharma and reads as under:-

Statement of Vikas Sharma S/o Late Shri Sham Mohan Sharma, Resident of Green Estate Street No. 3A, Opposite City Home Colony, Khanna, aged about 43 years. Mobile No. 98888- 92454. Stated that I am the resident of the above address and I have a shop named "Sonu Lehnga House" at Khokhiya Wali Gali, Main Bazaar, Khanna. On 31.08.2020 at about 11:00 AM, I was sitting at my shop. I heard the noise of a fight/quarrel in the street outside. When I stepped out of my shop to look, I saw Tushar Sethi and Anil Kumar Gulati (S/o Walaity Ram, R/o New Model Town, Amloh Road) fighting with each other. Anil Kumar Gulati had a Kirch in his pocket. Raman Kumar and Amit Kumar were trying to separate them. I stepped forward to separate them. Suddenly, Anil Kumar Gulati with the intention to kill me, attacked me with the Kirch was holding in his hand. When I tried to dodge/twist to save myself, the blow hit me on the left side of my stomach/abdomen. I raised noises of “Marta Marta". Blood was started flowing from my stomach. Seeing my condition, my worker and my brother Navneet Sharma, lifted me and got me admitted to Civil Hospital, Khanna for treatment. The Doctor at Civil Hospital, Khanna referred me to DMC Ludhiana for further treatment, where I am currently undergoing treatment. Anil Kumar Gulati attacked me with the intention to kill due to the grudge regarding the fight/intervention. My statement has been recorded in my presence, read out to me, and is correct. Sd/ Vikas Sharma.

3. During the course of investigation, Section 307 IPC was deleted and subsequently, charges were framed for the offence under Section 324 IPC only.

4. An application was moved for adding Section 307 IPC and committal of the case to the Court of Sessions. The said application was allowed by the Court of the Judicial Magistrate Ist Class vide order dated

27.03.2025 (Annexure P-2).

5. The petitioner filed a revision petition against the aforementioned order which came to be dismissed by the Court of Additional Sessions Judge, Ludhiana vide order dated 04.12.2025 (Annexure P-2).

6. The aforementioned orders dated 27.03.2025 (Annexure P-2)

and 04.12.2025 (Annexure P-3) are under challenge in the present petition.

7. The learned counsel for the petitioner contends that, though, the FIR had been registered under Section 324 IPC read with Section 307 IPC, the challan was submitted only under Section 324 IPC as it was found that the injury suffered by the injured was simple in nature. Thereafter, without any change in circumstances, the case has been committed to the Court of Sessions by invoking Section 307 IPC. He, therefore, prays that the impugned orders (Annexures P-2 and P-3) be set aside and the case be remanded back to the Magistrate for conducting the Trial under Section 324 IPC.

8. I have heard the learned counsel for the petitioner.

9. A perusal of the FIR itself would reveal that the complainant has categorically stated that the injury was inflicted upon his pers