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High Court of Punjab and Haryana · body

2018 DAILYLAW 5523 (PNJ)

BALBIR SINGH v. STATE OF PUNJAB AND ORS.

CRM-M/217/2018 · 2026-07-22

H S Grewal

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Judgment text

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125 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M No.217 of 2018 Date of decision: 22.07.2026 Balbir Singh …Petitioner Versus State of Punjab and others …Respondents CORAM: HON’BLE MR. JUSTICE H.S.GREWAL Present :- Mr. Suresh Kumar Aneja, Advocate for the petitioner. Mr. P.S. Pandher, AAG, Punjab. Mr. Rahul Arora, Advocate for respondents No.2 to 4. ***** H.S.GREWAL, J. (Oral) 1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, seeking quashing of the order dated 09.08.2017 (Annexure P-3) passed by the learned Additional Chief Judicial Magistrate, Fazilka, whereby the application filed by the petitioner under Section 319 Cr.P.C. for summoning respondents No. 2 to 4 as additional accused was dismissed, as well as the order dated 06.10.2017 (Annexure P-5) passed by the learned Additional Sessions Judge, Fazilka, whereby the revision petition preferred by the petitioner against the said order was dismissed. 2. The case of the petitioner is that he is aggrieved by the order passed by the learned trial Court declining the prayer for summoning the SEEMA SHARMA 2026.07.24 14:42 I attest to the accuracy and authenticity of this order/judgment CRM-M No.217 of 2018 -2- proposed accused under Section 319 Cr.P.C., as well as the order passed by the revisional Court affirming the said order. 3. Learned counsel for the petitioner submits that the learned trial Court has failed to properly appreciate the evidence available on record while dismissing the application filed under Section 319 Cr.P.C. It is contended that the Additional Session Court has erroneously affirmed the order passed by the learned trial Court. Accordingly, he prays that the impugned orders dated 09.08.2017 and 06.10.2017 be set-aside and respondents No. 2 to 4 ordered to be summoned to face trial. 4. A perusal of the impugned orders reveals that both the Courts have concurrently recorded a finding that the injuries sustained by the three injured persons have already been attributed to the accused who have been summoned and are facing trial. It has further been held that no specific act or additional injury has been attributed to the proposed accused for summoning them under Section 319 Cr.P.C. 5. Having heard learned counsel for the petitioner and upon perusal of the impugned orders, this Court finds no infirmity, illegality or perversity in the concurrent findings recorded by the Courts below warranting interference in the exercise of its jurisdiction. 6. Accordingly, the present petition is dismissed. (H.S.GREWAL) 22.07.2026 JUDGE seema Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No SEEMA SHARMA 2026.07.24 14:42 I attest to the accuracy and authenticity of this order/judgment