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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CRR-1591-2021 (O&M)

Date of Decision: 02.06.2023

DINESH KUMAR

…Petitioner

Versus

STATE OF PUNJAB AND OTHERS

…Respondents

CORAM: HON’BLE MR. JUSTICE HARSH BUNGER

Present :

Mr. Ashish Aggarwal, Senior Advocate assisted by

Ms. Aashna Aggarwal, Advocate

and Mr. Mukul Aggarwal, Advocate

for the petitioner.

Mr. Subhash Godara, Addl. A.G., Punjab.

Mr. Vipin Mahajan, Advocate

for respondents No.2 to 4.

HARSH BUNGER, J.

Petitioner has filed the present criminal revision petition for

seeking setting aside of order dated 05.07.2021 passed by the Court of

learned Sessions Judge, Tarn Taran, whereby an application filed by him

under Section 193 of the Code of Criminal Procedure (in short “Cr.P.C.”)

for summoning respondents no. 2 to 4 herein, in case FIR bearing No.173

dated 11.10.2020 registered under Sections 302, 506, 148, 149, 120-B of the

Indian Penal Code and Sections 25 and 27 of Arms Act, 1959, at Police

Station Sadar Bhikhiwind, District Tarn Taran (Annexure P-6); has been

dismissed.

2.

Succinctly, the above-mentioned FIR was registered on the

statement of complainant (Dinesh Kumar son of Paramjit Kumar), resident

of Khalra Mandi, Police Station Khalra, District Tarn Taran, who stated that

on 11.10.2020 at about 06:00/07:00 p.m., he alongwith Mandeep Kumar

HIMANI GUPTA

2023.07.01 15:31

I attest to the accuracy and

authenticity of this document/judgment

High Court, Chandigarh

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alias Monu son of Paramjit Kumar (brother-in-law of complainant) was

sitting on the petrol pump (Raj Kumar Brothers Petrol Pump, Khem Karan

Road). Paramjit Singh son of Tirath Ram, brother of the father-in-law of

complainant and one Deepak Kumar son of Vijay Kumar (employee of

petrol pump), were also sitting on the petrol pump at that time, when

Satwinder Singh (mentioned as Satinder Passi in the FIR) armed with .315

bore rifle, Gurpreet Singh alias Gopi armed with pistol, Charanjit Singh

armed with 12 bore riffle, Harbhajan Singh son of Banta Singh armed with

12 bore rifle, Surjit Singh son of Harbhajan Singh armed with datar

alongwith 15-20 unidentified armed persons came at the passage adjoining

the petrol pump, regarding which there was a dispute between the parties. It

is stated that when complainant, alongwith Mandeep Kumar alias Monu,

moved forward then Gurpreet Singh alias Gopi fired a direct shot from his

pistol at Mandeep alias Monu which hit in his right flank and Mandeep alias

Monu fell down. Gurpreet Singh alias Gopi, alongwith assailants fled away

from the spot with their respective weapons while firing shots and giving

threats. Complainant alongwith Deepak Kumar arranged for a vehicle and

took Mandeep alias Monu to Vijay Dhawan Nursing Home Hospital,

Bhikhwind, where Mandeep alias Monu was declared dead. As per the FIR,

the motive behind the occurrence was alleged to be a dispute with respect to

passage adjoining the petrol pump, which leads to the colony, wherein 16

feet area belongs to the complainant, but the accused party claimed the same

to be theirs. The said dispute led to the murder of Mandeep alias Monu, who

was the brother-in-law (sala) of the present petitioner.

3.

In the abovesaid case FIR No. 173, Gurpreet Singh @ Gopi is

stated to have been arrested by police but no action was taken against the

HIMANI GUPTA

2023.07.01 15:31

I attest to the accuracy and

authenticity of this document/judgment

High Court, Chandigarh

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other accused. It is stated that on 11.10.2020, Senior Superintendent of

Police, Tarn Taran issued a letter/Memo No. 1609 (Annexure P-7) directing

SHO Bhikhiwind to immediately arrest the accused persons and another

supervisory note (Annexure P-8) was issued by Deputy Superintendent of

Polic