JASJIT SINGH BEDI, J. (Oral)

The present petition has been filed against the order dated 07.02.2026 whereby charges have been framed under Section 307 IPC (Section 109 BNS) against the petitioners.

2. The brief facts of the case are that one Chanchal wife of Ashok Lamba got registered an FIR No.375 dated 12.06.2024 under Sections 148, 149, 323, 341, 427, 307 and 506 IPC, Police Station Mujesar, Faridabad and the same reads as under:-

To Learned SHO PS Mujesar Sir, It is respectfully submitted

that I am Chanchal W/o Ashok Lamba R/o Mujesar and around

600 square yards of land was jointly owned by me and my

husband. In this regard a complaint dated 09.06.2024 was

submitted. In this regard I along with my husband and Ajeet

Jakhar S/o Shishram, Binnu S/o Rohtash, Prince S/o Ajeet, Amit

S/o Jagdish, Prakash Kaur W/o Balvinder Singh Kalsi were

going towards police station for the compromise. Then the

above persons after conniving with each other came there on

two Fortuner cars, number of one was HR29A 91008, one

scorpio and other car and 4 motor cycles and in each vehicle

two persons were sitting, with an intent to kill us, they

repeatedly hit our car and we somehow got saved. I along with

my children were on one car WAGON-R (HR51CC 0934) and in

other car CRETA (HR 87L 4958) in which my husband Ashok

Lamba and my nephew Suraj and Kapil were there. When we

somehow saved ourselves and reached the police station then

the above persons hit us in the police station with an intent to

kill us and ran away from the spot while firing. I somehow

saved my life and have come to the police station to submit my

complaint. Strictest action be taken against the accused. Our

life is in danger. All these persons were armed with sticks. They

have tried to kill us by continuously hitting our vehicle

repeatedly. Sd/-Chanchal ENG 9268317095 11.06.2024.

Police Proceeding:

Yesterday i.e. 11.06.2024 at 11 PM at night, the above

Complainant along with her husband Ashok Lamba and their

children and others left from police station on Creta car, then

when they reached approx 300 meters away near Dabri road

then two Fortuner and one Scorpio stopped the Creta and

Wagon-R and hit them from the side and tried to hit them with

sticks. Then Complainant along with his two cars reached PS

Mujesar. Then again the car Fortuner again hit the Creta with

an intent to kill them. As all were armed with sticks and ran to

hit them and from the complaint offence u/s 148, 149, 323, 341,

307, 427, 506 IPC are made out and the same is being given to

the police station. The case be registered and the number be

intimated. During the incident Chanchal W/o Ashok, Suraj S/o

Rohtash, Kapil S/o Rohrash R/o village Mujesar have received

injuries. I SI have forwarded the complaint and is investigating.

Today at PS Mujesar. Sd/-VED PRAKASH SI ENG PS Mujesar.

Dated 12.06.2024. At 12:35 AM

3. On conclusion of the investigation, the report under Section 173(2) Cr.P.C. (193(2) BNSS) was submitted after which charges came to be framed under Sections 148, 307, 323, 341, 427, 506 all read with Section 149 IPC vide order dated 07.02.2026 passed by the Additional Sessions Judge-I, Faridabad.

4. It is this order which is under challenge in the present petition.

5. The learned counsel for the petitioners contends that the charges have been erroneously framed under Section 307 IPC. Only simple injuries have been received by the complainant party and charges ought to have framed under Sections 323 and 279 IPC at best. In fact, petitioner No.1-Ajeet Jakhad @ Ajeet Singh has received serious injuries. Petitioner Nos.1 and 3, namely, Ajeet Jakhad @ Ajeet Singh and Vinod @ Binnu were, in any case, not driving the offending vehicle so no offence under Section 307 IPC is made out qua them and only the driver-Prince Jakhar, petitioner No.2 can be liable, if at all. He, thus, contends that the impugned order dated 07.02.2026 be set aside to the extent that the petitioners ought to be discharged for having committ