SURINDER SINGH @ JUDGE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition has been filed under Sec. 528 of the BNSS for quashing of the criminal complaint bearing No. COMI/96/2021 dtd. 10/6/2021 titled 'Harbhajan Kaur versus Dayal Singh etc.' under Ss. 307, 452, 120-B IPC and Sec. 27 of the Arms Act (Annexure P-1) and the summoning order dtd. 19/8/2025 (Annexure P-4) passed by the learned ACJM, Gurdaspur, District Gurdaspur, along with all consequential proceedings arising therefrom.

(2.) Briefly stated, FIR No. 62 dtd. 24/7/2018 was got registered by complainant Dayal Singh son of Barkat Singh at Police Station Tibber, District Gurdaspur under Ss. 364, 307, 452, 342, 148, 149, 120-B IPC and Sec. 25 of the Arms Act. As per the allegations in the FIR, the complainant, who had come from America to his village Nawa Pind, alleged that on the night of 23/7/2018 at about 03:00 AM, accused Gurvinder Singh, his brother Ravinder Singh and 9/10 unidentified persons allegedly broke open the door of his house, forcibly entered inside and assaulted him. It was further alleged that Gurvinder Singh picked up the licensed revolver of the complainant and, at gunpoint, forcibly took him in a Scorpio vehicle to their tubewell where he was allegedly beaten with sticks. Thereafter, the complainant was taken to the courtyard where Gurvinder Singh allegedly fired shots from the revolver and one shot hit Robert Masih on his left leg. The police was thereafter informed and the complainant was rescued from the spot. After inquiry by the police, FIR No. 62 dtd. 24/7/2018 was registered at Police Station Tibber, District Gurdaspur under Ss. 364, 307, 452, 342, 148, 149, and 120-B IPC and Sec. 25 of the Arms Act against Gurvinder Singh, Ravinder Singh, Baljit Kaur wife of Ravinder Singh, Davinder Singh son of Ranjit Singh, Robert Masih and other persons.

(3.) It is further the case of the petitioners that during the course of investigation, the police presented three separate challans. Initially, challans were presented against Gurvinder Singh and Davinder Singh on one side and against Ravinder Singh and Baljit Kaur on the other side on 30/5/2019 and 15/6/2019 respectively, and they were also declared proclaimed offenders. Thereafter, the police presented a supplementary challan dtd. 6/8/2021 giving clean chit to Ravinder Singh and Baljit Kaur. Aggrieved against the said supplementary challan, complainant Dayal Singh approached this Court and vide order dtd. 9/5/2022, the operation of the supplementary challan giving clean chit to Ravinder Singh and Baljit Kaur was ordered to be kept in abeyance.