NARINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners are seeking quashing of order dtd. 22/6/2023 (Annexure P-15) passed by learned Sub Divisional Judicial Magistrate, Nangal in case FIR No.0030 dtd. 22/3/2023 under Ss. 302, 323, 148, 149 of the Indian Penal Code, 1860 (for short, 'the IPC') (Sec. 427 of the IPC added lateron) registered at Police Station Nangal, District Rupnagar whereby application filed by them for grant of default bail under Sec. 167(2) of the Cr.P.C. was dismissed.

(2.) The case as set up by the prosecution may be summed up as thus: On 22/3/2023, at about 11:30 P.M., a phone call was received by the complainant that Mandeep Singh @ Bhoda and 7-8 other persons after entering the land under his ownership, were hurling abuses at him; on receipt of the phone call, he along with his driver Anil, Deepak Kumar and chowkidar Bahadar Singh, went to the spot in his vehicle, where Mandeep Singh @ Bhoda (petitioner No.2) along with Narinder Kumar @ Nindi (petitioner No.1), armed with dandas were already present along with 7-8 other persons. Petitioner No.2 on seeing the complainant, collided his vehicle with the vehicle of the complainant. When the complainant party tried to alight from the vehicle, petitioner No.2 again hit the complainant's driver, Anil (hereinafter referred to as 'deceased'), with his vehicle as a result of which the deceased fell down. Petitioner No.2 gave a danda blow to the deceased on his head and petitioner No.1 also inflicted injuries to the deceased. The complainant in view of the attack by the accused party, managed to run to his safety. Later, he learnt that his driver Anil Kumar i.e. the deceased, had died on account of the injuries inflicted by the petitioners.

(3.) Submissions made by learned counsel for the petitioners:-