GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present petition has been filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), for quashing of FIR No.71 dtd. 19/9/2023 (P-1), under Ss. 302 and 120-B of Indian Penal Code, 1860 (for short 'IPC') (Sec. 212 IPC added later on) and Ss. 25 & 27 of Arms Act, 1959, registered at Police Station Mehna, District Moga; for quashing of final report under Sec. 173 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') dtd. 17/12/2023 (P-2) as well as supplementary challan dtd. 13/3/2024 (P-8) and for quashing of order dtd. 31/7/2024 passed by learned Additional Sessions Judge, Moga vide which charges (P-13) were framed under Ss. 302, 212 and 120-B IPC and Sec. 25 of Arms Act, 1959.

(2.) Above FIR was registered on the statement made by Karamjeet Kaur @ Navdeep Kaur Gill wife of deceased Baljinder Singh @ Balli with the allegations that two unknown persons committed murder of her husband by firing gunshots. She further alleged that her husband, while he was being taken to Medicity Hospital, Moga, stated that assailants were sent by the present petitioners.

(3.) Contends that from final report, it is evident that petitioners are suspected by de facto complainant, but they were not present at the time of alleged occurrence; nor any incriminating material has been found by the Investigating Agency regarding their complicity.