CRR-754-2022 1 2023:PHHC:054183

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CRR-754-2022

Reserved on: 28.03.2023

Date of Pronouncement: 17.04.2023

Sukhjeet Singh

...Petitioner

vs.

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Jatinder Pal Singh, Advocate for the petitioner

****

HARKESH MANUJA, J.

By way of present revision petition, petitioner has impugned

the Order dated 15.09.2021, vide which an application under Section

228 (1) (a) of Code of Criminal Procedure Code, 1973 for framing of

charges under Section 323 of IPC in substitute of 307 of IPC along with

other sections as mentioned in FIR No. 230 dated 23.11.2020 at Police

Station Dharamkot, Distt. Moga, has been dismissed and charge has

been framed under Section 148, 307, 332, 353, 186, 342, 188, 149 of

IPC vide order dated 15.09.2021.

Brief facts of the present case are that the aforementioned

FIR was lodged on the statement of SI Guljinderpal Singh that on

03.01.2020 to the effect that he along with other police officials was

present at Police Station Dharamkot, when MHC informed him that a

red colored Tata Pick-up vehicle bearing No.JH-05/BC-8680 and silver

colored Innova vehicle bearing No.DL-04/CAE-5773 have reached

outside the Police Station with some Nihang Singhs and that main gate

of Police Station has been locked by them. SHO along with other

police officials went to main gate and found Sukhjit Singh Khosa

ANIL KUMAR

2023.04.19 10:33

I attest to the accuracy and

integrity of this document

CRR-754-2022 2 2023:PHHC:054183

(present petitioner), resident of Lohian, District Jalandhar; Tarsem

Singh, resident of Bharat Mothla, District Gurdaspur, Jashandeep

Singh, resident of Singhewala, District Sri Muktsar Sahib, Harbhajan

Singh, resident of Kamala Midhu, District Ferozepur; Gurmeet Singh,

resident of Lalle, District Ferozepur; Sandeep Singh, resident of Village

Rehrawan; Baljinder Singh, resident of Village Rehrawan; Gurmail

Singh and Babbu Singh, residents of Data and 15-20 unidentified

persons armed with barshas and kirpans present at main gate of Police

Station. They were raising slogans against police for not arresting

accused persons in a murder case bearing FIR No.219 dated

3.11.2020 under Sections 302,307,148,149 IPC and 25,27 Arms Act

Police Station Dharamkot. SHO tried to pacify protesters that main

accused stands arrested and raids are being conducted to arrest the

remaining accused. Sukhjit Singh Khosa and Sandeep Singh Sarpanch

instead started provoking the persons present there and raised lalkaras

to teach a lesson to the police for not arresting the accuseds. Sukhjit

Singh Khosa gave blow with a sharp pointed weapon on the head of

complainant. Sandeep Singh Sarpanch gave a dang blow aimed at

head of complainant but hitting his left hand. Gurmail Singh and Babbu

along with other accomplices inflicted injuries upon remaining police

officials. Uniform of HC Krishan Gopal was torn. Crowd scuffled with

police officials causing police to use minimum force in self defence.

Which caused minor injuries on the persons of protesters. Thereafter

protesters went away from the spot after leaving their vehicles and

weapons at the spot.

On the basis of this statement, FIR No. 230 dated

23.11.2020 at Police Station Dharamkot, Distt. Moga, was registered

ANIL KUMAR

2023.04.19 10:33

I attest to the accuracy and

integrity of this document

CRR-754-2022 3 2023:PHHC:054183

under Section 148, 307, 332, 353, 186, 342, 188, 149 and

subsequently I