IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

CRR No.2057 of 2016 Manpreet Singh and others .....petitioners Vs.

State of Punjab and another .....Respondents

1. Judgment reserved on 28.01.2026 2. Judgment pronounced on 27.04.2026 3. Judgment uploaded on 28.04.2026

4. Whether only operative part of the judgment is pronounced or whether the full judgment is Full pronounced.

5. The delay, if any of the pronouncement is full Nil judgment and reason thereof.

CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Argued By:-Mr. A.P.S. Deol, Sr. Advocate with Mr. Vishal Rattan Lamba, Advocate and Ms. Dilpreet Kaur, Advocate for the petitioners.

Mr. Ishan Kaushal, AAG, Punjab.

Mr. Siddharth Gupta, Advocate for respondent No.2.

Yashvir Singh Rathor, J.

1. This revision petition is directed against the order dated 29.04.2016 passed by the Court of Additional Sessions Judge, Bathinda, vide which the revision petition preferred by respondent No. 2/complainant against the order dated 12.02.2015 passed by the Court of Sub Divisional Judicial Magistrate, Phul, was allowed, and the Trial Court was directed to frame charge under Section 452 of the IPC in addition to the offences under Sections 448, 427, 148, and 149 of the IPC.

2. The case of the prosecution was initiated on the basis of FIR No. 65 dated 23.08.2013, registered at Police Station Phul, the contents of which are reproduced as under:

“Statement of Bachan Singh s/o Makhan Singh caste Bauria Sikh r/o Rampura Road PS Phul District Bathinda Aged about 55 yrs Mobile 95032-21134. It is stated that I am the resident of above mentioned address and work as a labourer. I have two sons and a daughter. My elder son is married and one son and one daughter are unmarried. In 1997, I had taken 6 marlas of land on Rampura Road in exchange from Mukand Singh s/o Santa Singh Caste Prajapat r/o Phul and in exchange, I had given 6 marlas of land from my residential plot on the western side facing the road and I had built a room with a door. My son namely Mann Singh who is married resides in the said room alongwith his family. Yesterday on 22.08.2013 at about 11 am, Manpreet Singh @ Ruby s/o Kirpal Singh caste Jatt, Karnail Singh s/o Jagmeet Singh Caste Jatt, Akram Singh s/o Karnail Singh caste Jatt, Vicky Singh s/o Sukhdev Singh caste Jatt, Mukand Singh s/o Santa Singh Caste Prajapat, Kala Singh s/o Darshan Singh Caste Jatt, Dattu Singh s/o Gurcharan Singh caste Jatt, Sukha Singh s/o Hakam Singh caste Jatt, Gora Singh s/o Maghar Singh caste Jatt, Deepa Singh s/o Billu Singh caste Jatt who were having sabbals and Kahis and other weapons entered into my residential room and they demolished the said room and also ransacked the articles of my daughter in law lying in that room. I was going to give information to the police regarding the same alongwith Bansa Singh s/o Damman Singh Caste Majhbi Sikh and Amarjeet Singh s/o Sajjan Singh caste Bauria Sikh. You have met us on the way. My statement has been recorded and has been read over which is correct. Legal action be taken.”

3. On conclusion of the investigation, the police filed a final report for the offences under Sections 448, 427, 148 and 149 of the IPC. Learned Trial Court, vide order dated 12.02.2015, found a prima facie case and framed charges against the petitioners for the offences punishable under Sections 448, 427, 148 and 149 of the IPC.

4. Feeling aggrieved by the non-framing of charge under Section 452 IPC, the complainant/respondent No. 2 preferred a revision petition. Learned Revisional Court, vide impugned order dated 29.04.2016, modified the order of the Trial Court. The Revisional Court observed that there are specific allegations in the statement of the complainant recorded under Section 161 Cr.P.C. that the accused had come armed with kahies and other deadly weapons. It was further observed that the act of entering the house while carrying such weapons was sufficient to prima facie establish the mens rea and intention to cause hurt or assaul