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CRM-M-55724-2023 (O&M) and CRM-M-63640-2023 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

175 CRM-M-55724-2023 (O&M)

Date of decision: 30.03.2026

Angrej Singh and another ....Petitioners

Versus

State of Punjab and another ...Respondent

2) CRM-M-63640-2023 (O&M)

Harwant Singh @ Patto and others ....Petitioners

Versus

State of Punjab and another ...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

*****

Present : Mr. Gursimran Singh Madaan, Advocate, for the petitioners.

Mr. Manipal Singh Atwal, DAG, Punjab

Mr. B. S. Bajwa, Advocate, for respondent No.2.

*****

AMAN CHAUDHARY, J. (ORAL)

1. By way of these petitions filed under Section 482 of Cr.P.C., petitioners seek to challenge the order dated 21.09.2023, Annexure P-6, whereby they have been summoned to face trial for offence under Sections 323, 506, 295- A, 148 and 149 of IPC alongwith the subsequent proceedings emanating

therefrom.

2. Learned counsel for the petitioners contend that the incident took

DINESH

2026.04.02 18:51 I attest to the accuracy and integrity of this document

CRM-M-55724-2023 (O&M) and CRM-M-63640-2023 (O&M) -2-

place on 30.10.2018 and the FIR was never lodged, whereafter in the complaint they have been wrongly summoned as the medical was got conducted two days after the alleged incident i.e. on 01.11.2018 at 2:00 PM whereas they were not present at the spot as they were in Mohali, for which reference is made to entry of the guest house register, Annexure P-8. Thus prays that the complaint be quashed

qua them.

3. Learned counsel for respondent No.2 contends that the complaint was submitted on 31.10.2018 and the police kept him for two days and enquired into the matter on the very same day. He was not even allowed to get his medical conducted, therefore it was on 01.11.2018 when he was released, he got conducted the same, wherein six injuries have been found on his person, which he had specifically attributed to the petitioners and others co-accused in the complaint

that was filed by him before the trial Court.

4. Learned State counsel, on the other hand, submits that the petitioners were specifically named in the complaint, wherein they have been attributed

specific injuries.

5. Heard.

6. It would be apposite to refer to the relevant paras of the impugned

order dated 21.09.2023, which read thus:

“By means of the present complaint, complainant is seeking the summoning of accused Harwant Singh @ Patto S/o Bachan Singh, Dilsher Singh S/o Harcharan Singh, Gurinder Singh, Karanbir Singh @ Nav sons of Angrej Singh, Baljeet Singh, Angrej Singh S/o Budha Singh, Balkar Singh S/o Harnam Singh all R/o Village Vithwan, PS Shri Hargobindpur, Tehsil Batala, District Gurdaspur, Kuldeep Singh SHO PS Shri Hargobindpur, Tehsil Batala, District Gurdaspur, Harwinder Singh Head Constable, Police Post Harchowal, Tehsil Batala,

DINESH

2026.04.02 18:51 I attest to the accuracy and integrity of this document

CRM-M-55724-2023 (O&M) and CRM-M-63640-2023 (O&M) -3-

District Gurdaspur under Sections 325, 323, 324, 506, 295-A, 379, 148, 149 IPC on the basis of the above discussed factual matrix and the preliminary evidence led by complainant in the shape of both oral as well as documentary evidence. To prove the alleged occurrence apart from examining himself, complainant had examined CW4 Balraj Singh alleged eye witness and Gurmej Singh CW-1, owner of dairy and alleged eye witness. At last, to prove the nature of injuries suffered by complainant, he has examined Dr. Mohpreet Singh, MO, CHC Bham CW-3 who proved on record his medical record

comprising of his MLR.

4. Careful analysis of the above said evidence transpires that all the witnesses examined by complainant in preliminary evidence along with the documentary evidence have supported the version of complainant regarding alleged scuffle between accused Harwant Singh @ Patto, Dilsher Singh, Gurinder Singh, Karanbir Singh @ Nav, Baljeet Singh, Angrej Singh, Balkar Singh all R/o Village Vithwan, PS Shri Hargobindpur, Tehsi