KARAN @ KARAN THAPAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Having invoked the provisions of Sec. 397 Cr.P.C, the petitioners, who are accused in FIR No.15 dtd. 16/2/2023 registered against them for commission of offences punishable under Ss. 452,148,149,427,506 IPC (Sec. 304 and 201 IPC added later on) at P.S Basti Bawa Khel, Jalandhar have preferred the instant revision petition, praying for setting aside the impugned order dtd. 11/9/2025 passed by learned Sessions Judge, Jalandhar, dismissing their application for discharge under Sec. 304 IPC.

(2.) Brief facts leading to the present case in nutshell are that at about 06.30 pm on 15/2/2023, when the complainant-Manish Kumar Padam along with his brother Anil Kumar Padam had gone to Bhargo Camp for some work, he received a telephonic call from his wife Pooja that Ashok Thapar, Arjun Thapar, Karan Thapar, Rohit Thapar, Vansh Thapar, Vishu Sahota, Bindu, Kush Sabharwal, Jatin Thapar and Sanjiv Kumar Thapar, armed with sharp edged weapons and baseball bat had entered their house and were damaging the doors of the house besides threatening them with dire consequences. Thereupon, he and Anil Kumar Padam came home and found the said assailants damaging the main gate with sharp edged weapons and also saw them pelting bricks. The gate was bolted from inside by his brother Tarun Kumar, who was unmarried and was living with them. On seeing them, all the accused attacked them with sharp edged weapons, upon which his brother Tarun Kumar opened the gate of the house, when one of the accused pelted brick towards him, which hit him on his chest, consequent thereto he fell down on the ground. Thereafter, all the assailants fled from the spot with their respective weapons. On the basis of said complaint, a formal complaint vide FIR No.15 dtd. 16/2/2023 was registered against Vishant and others, under Sec. 304,452,148,149,427,506 IPC (P.S. Basti Bawa Khel, Jalandhar).

(3.) On completion of investigation, challan was initially presented in court of learned Judicial Magistrate, Jalandhar, who committed the same to the Court of Sessions as the offence under Sec. 304 IPC was exclusively triable by the Court of Sessions. Thereafter, an application for discharge of accused under Sec. 304 IPC was filed. The same came to be dismissed vide the impugned order dtd. 11/9/2025.