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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-17205-2021 (O&M) Date of decision : 31.08.2026 Salwinder Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present:- Mr. H. S. Randhawa, Advocate for the petitioner.

Ms. Ruchika Sabherwal, Sr. DAG, Punjab.

Mr. Ankur Jain, Advocate for respondents No. 2 to 4.

MANISHA BATRA, J. (Oral)

1. The present petition has been filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.) seeking quashing of order dated 25.03.2021 (Annexure P-5) passed by the Court of learned Additional Sessions Judge, Tarn Taran in case arising out of FIR No.151 dated 12.10.2014, registered at Police Station Sarhali, District Tarn Taran, under Sections 302, 201, 120-B, 148 and 149 IPC, whereby the application moved by the petitioner seeking summoning of respondents No.2 to 4 to face trial along with the other accused was dismissed. The petitioner has further prayed that the said application be allowed and respondents No.2 to 4 be summoned to face trial in accordance with the supplementary report submitted pursuant to the re-

investigation ordered by this Court.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of the statement recorded by the petitioner/complainant Salwinder Singh alleging therein that he was an agriculturist and had one son, namely, Gurjant Singh, aged about 21 years, besides five daughters. On 12.10.2014, he, his son Gurjant Singh, his servant Swaran Singh and his brother-in-law's son Satnam Singh had gone to Grain Market, Sarhali, where their paddy crop had been brought. As the paddy had not been auctioned, they put a tarpaulin over the heap and thereafter proceeded towards their farmhouse on motorcycles. His son Gurjant Singh was driving a motorcycle bearing registration number PB-46-L-7159, on which Swaran Singh was sitting as pillion, whereas the petitioner was sitting on the pillion of the motorcycle being driven by Satnam Singh. They left the Grain Market at about 6:30 p.m., with Gurjant Singh and Swaran Singh ahead of the petitioner and Satnam Singh. When they were about 200 yards short of the GT Road at about 7:00 p.m., the petitioner saw Balbir Singh armed with a rifle; Jarmanjit Singh armed with a kirpan; Stalinjit Singh armed with a datar; Uday Singh armed with a datar; Gurdev Singh armed with a datar; Gurcharan Singh armed with a datar; Chamkaur Singh armed with a kirpan and Sukhraj Singh armed with a datar along with about 78 other persons armed with datars and kirpans, standing on the road. The complainant further alleged that on seeing Gurjant Singh on the motorcycle, Balbir Singh raised a lalkara asking others to catch him and teach him a lesson for having quarrelled with them. On hearing the lalkara, Jarmanjit Singh, Stalinjit Singh, Uday Singh, Gurdev Singh, Gurcharan Singh, Chamkaur Singh, Sukhraj Singh and the unidentified persons started causing injuries to Gurjant Singh. The petitioner and Satnam Singh, out of fear, stepped back and raised an alarm. Thereupon, the assailants fled towards Harike on the GT Road via Canal Minor Bridge Khara in cars and motorcycles, carrying their weapons. The petitioner and Satnam Singh then proceeded towards the place of occurrence and found Swaran Singh lying injured on the road and Gurjant Singh lying in the paddy field near the road with numerous injuries. Gurjant Singh died at the spot. The petitioner called his brother-in-law Sukhdev Singh and his son-in-law Dogar Singh. The police station was telephonically informed about the incident. The petitioner stated that there had been an earlier dispute between his son and the assailants and alleged that all the accused, in furtherance of their common intention, had murdered his son by causing injuries to him.

3. After registration of the FIR, investigation proceedings w