Mandeep Singh v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION: 01.08.2023 MANDEEP SINGH ...PETITIONER

VERSUS

STATE OF PUNJAB AND ANOTHER ...RESPONDENTS CORAM :

HON'BLE MR. JUSTICE ARUN MONGA

Present:

Dr. Anmol Rattan Sidhu, Sr. Advocate with Mr. Pranshul Dhull, Advocate, for the petitioner.

Mr. Mohit Thakur, AAG, Punjab.

Mr. Dilraj Singh Bhinder, Advocate for respondent No.2.

***** ARUN MONGA, J,(ORAL) Challenge herein is to order dated 27.07.2021 passed by learned Additional Sessions Judge, Bathinda, whereby it was held that no charge under Section 307 IPC was made out against respondent no.2 and after framing charge under Section 325 IPC, the file was sent back to Court of learned Additional Chief Judicial Magistrate, Bathinda for trial under Section 228(1) (a) of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.').

2.

Succinct facts first, as pleaded in the instant petition: "(a) On 22.05.2020, the petitioner suffered gunshot injury by Gurpreet Singh/Respondent No.2/A-1 and his associates namely Manpreet Singh alias Manna/A-2and Harwinder Singh alias Happy Buttar/A-3. Due to this, the criminal law was brought into motion through registration of FIR No.41 dated 23.05.2020 by the petitioner against the above mentioned three accused. The copy of the FIR and the MLR are annexed herewith as Annexure P-1 and P-2respectively.

(b) From 23.05.2020, the petitioner visited various medical institutions as the bullet fired by the respondent no.2 remained inside the shoulder region and finally on17.06.2020, the petitioner was operated and the bullet 2cm x 0.5 cm broken was extracted out. The copies of the relevant medical certificates are annexed herewith as Annexure P-3.

(c) On 05.06.2020, the respondent no. 2 got recovered the weapon used in the commission of the offence along with one empty shell from his house. The copy of the recovery memo is annexed herewith as Annexure P-4.

(d) On 07.09.2020, the police after greasing their hands with the associates of the respondent no.2 namely A-2 and A-3 declared them innocent in the investigation and presented challan/police report against A-1 only. The copy of the police report is annexed herewith asP-5. (e) On 15.09.2020, the FSL report was received and the Ld. ASI after conducting a "Mini Trial" not only discharged the respondent no.2 for the offence u/s 307 IPC but also discharged him for the offences under Section 25 of Arms Act and framed the charge u/s 325 IPC only vide Impugned Order. The copy of FSL Report isannexed herewith as Annexure P-6. (D) Hence, the present revision petition for the quashing of the Impugned Order, being illegal and contrary to theprovisions of the law. (f) Hence, the present revision petition for quashing of the impugned order, being illegal and contrary to the provisions of law."
    



   



   

 

  

       

   

  

 

    

     

       


!"

 

 #

 

   $  %  "

&  

              

                        

 

 $     

 $    '(  

 5.

I have heard learned counsel for the parties and perused the case file. 6.

 

  

     &

&

      

 )

       

   




 

   
    
 

   
  !


"  
!#    
$ 
 
 
 
 





 

      
      $
     

   !%
 

$

   
 

 

  
  


  
$ !%




 
  
" 







$ 

 
   
 $
  
$ !

#   
 $
 
  
    
     
 
  &  

'
 


!  
 
(  

) *+  


!,
 
- ) *"

 
 '
"
) *! 
 ) 

 ./
 
  
"
!%'

 


 !0


    
 
! )   

 *
 1
 )
  ! #  
 

  
  

 
2  
 
! + 



$!)
22!/!2 2. , 
  . - / $  !  



$ 


"
 


*
+ 
-! 




$
 2!/!2 *

!!1
% 
  
 
 -


  
 $
  !3   $  2

-/  "
- 
 .

!4!2 2.
!"

 
- 
*
1
% *+ 
!)$ 


 
$+ 
 


!!.

!4!2 2.
 
  
!*-




 
 + 
$! 


   






 





5 6 
( '
 




$

!7
 

"

!)$
+ 
$ 
 

 6  *
1
 
 8 #
 % *
1+ 
  




 
   ! 0 -

$
 

  



 36
  



 
!6
 

 "

 $ 
 
 



 36! %   $  

  *
 1
  9 
"

 



 %  
 
 

  $
+   

! %

 
53
8 :; 
 


-


  8+ .!

%  
 
  
     
 "0<. 

 9*9 $

"




&

2!

1

  
  !2
 :=5>03:


 " < 

 9*9
  
  
"0<. + 

 9*9 $

  +   


! !

% 
 " *<. 

 9#9  $
 !2
 ! ?!

;3 " *<. 

 9#9 $ 
  
"0<.



 9#98 /!

; " *<. 

 9#9 $

$


 !) 


  !2
 $$!3

,   "2.!.

!2 

 !.

$
!

$


 

    +
"

$
 $ 53 

  5 6$
   <

 
 <2/  

   !     
 2/    
 

   
   
 
! %
    
 

   
!# 

  " #
+ 
 
@

 
*
.4!A!2 2.
 !#


 


    
-.

# !#

 
 

 
 !: 7.

Perusal of the aforesaid shows that the impugned order is based on cogent reasoning after appreciating the evidence on record in right perspective. 8.

In the instant case, findings recorded by learned Court below are based on correct appreciation of evidence and do not suffer from any infirmity and perversity much less illegality. Thus, no grounds for interference are made out. 9.

Faced with the situation, learned senior counsel appearing the petitioner on instructions submits that in case subsequent evidence comes forth during the course of the trial the petitioner may be permitted to either raise the objections or seek framing of additional charge in accordance with law.

10.

Instant revision petition is hereby dismissed, with the aforesaid liberty.

11.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) 01.08.2023 JUDGE 'D'Vir/R Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No