ANUPAM KUMAR ALIAS POMPY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this order, two criminal revision petitions nos. CRR-2096 and 2220 of 2019 shall stand disposed of.

(2.) Challenge is to the correctness of the order passed by learned Additional Sessions Judge, Sangrur allowing application under Section 193 Cr.P.C (hereinafter referred to as 'Code') for summoning the petitioners (one each in both petitions) as accused to face criminal trial arising from a double murder.

(3.) As per the case of the prosecution, petitioners alongwith two other accused had murdered husband and wife (brother and sister-in-law of the first informant) on 2.9.2018. It has been stated that petitioners alongwith other accused have wrongly restrained and encircled deceased Charanjit Singh @ Chiri and his wife Pooja with the intention to kill them while all the accused were armed with weapons. Hence, a desperate call was given by the deceased-Charanjit Singh to the first informant (his own brother) to immediately come at the place of occurrence in order to save them when the first informant reached in front of Street no.4 of Sadar Basti, he noticed the car of his brother and found his brother- Charanjit Singh @ Chiri and his wife Pooja had been murdered. Thus, application was moved to the police stating that he has strong belief that his brother and sister-in-law have been murdered by petitioners alongwith their two other co-accused named in the application. Police after investigation absolved the petitioners and submitted police report under Section 173 of the Code against Rajesh Kumar @ Jassi and Jaidev @ Jajju. First informant filed an application under Section 190 of the Code for summoning the petitioners. Learned Chief Judicial Magistrate dismissed the application by observing as under:-