Crl.M.No. M-31415 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-31415 of 2011 (O&M) Date of decision : 17.10.2011 ... Inderjeet ................Petitioner vs. State of Haryana and another .................Respondents Coram: Hon'ble Mr. Justice K.C. Puri Present: Ms. Sharmila Sharma, Advocate for the petitioner ... K.C. Puri, J. This is a petition under Section482 Cr.P.C. for quashing of complaint No. 115/1 of 2007 dated 9.7.2007 / 7.8.2007 Annexure P-1 and subsequent summoning order dated 1.11.2010 Annexure P-2 whereby the petitioner has been summoned under Section 307, 34 IPC and Section 25 of the Arms Act. FIR No. 80 dated 2.9.2006 under Section 307/34 IPC and Section 25 of the Arms Act was registered at Police Station Shalawas at the instance of Satbir Singh s/o Maan Singh, who has stated that he has retired from Military and is doing agricultural work. On the date of occurrence at about 7.30 in the morning, he was returning home after answering the call of nature on the canal of Mundahera Crl.M.No. M-31415 of 2011 -2- Road. When he crossed the house of Om Parkash s/o Raja Ram, which is at the distance of about 2 acres from the phirni of village and had proceeded towards the village, in the meantime Inderjeet s/o Rattan Singh and one young boy came on a motor cycle. Inderjeet got down from the motor cycle and fired a shot at the complainant Satbir Singh with an intention to kill him and the bullet hit on his right buttock. The other boy had kept the motor cycle ready and they both fled away. The complainant raised a noise, which attracted Ram Chander. After investigation, cancellation report was submitted on the allegation that injury may be self inflicted. Thereafter the complainant filed complaint under Section 307/34 IPC and Section 25 of the Arms Act. In the complaint, the complainant examined CW-1 Satbir Singh SI, CW-2 Rajesh Kumar EHC, CW-3 Satbir Singh complainant, CW- 4 Dr. Sunil Bhatti, PW-5 Ram Chander and closed the preliminary evidence. After going through the preliminary evidence, the petitioner was summoned under Section 307 IPC and Section 25 of the Arms Act. The said order has been challenged alongwith the complaint. The main grievance ventilated by the petitioner is that due to enmity the petitioner has been summoned. The police had found the accused innocent and submitted the cancellation report. At the time of summoning, prima facie case has to be seen. The testimony of the complainant alongwith doctor was sufficient to summon the petitioner as an accused. Whether it is a self suffered injury or an injury caused by a fire arm weapon, is to be determined Crl.M.No. M-31415 of 2011 -3- during the course of trial. As per Annexure P-5 lacerated wound 1.5 cm X 1 cm semicircle in shape with inverted margins, muscle deep was present over the right side of buttock of the complainant. So, in these circumstances, no ground for interference under Section 482 Cr.P.C., at this stage, is made out. Consequently, the petition is without any merit and the same stands dismissed. ( K.C. Puri ) 17.10.2011 Judge chugh