In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-5542 of 2009 (O&M) Date of decision: 27.5.2009 Manohar Lal ......Petitioner Versus Gian Singh and others .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Petitioner in person. **** SABINA, J. The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for quashing of order dated 9.1.2009 (Annexure P-2) and for issuance of direction to the Courts below to try the case against accused-respondents under Sections 307, 323, 506, 427, 148, 149, 120-B of the Indian Penal Code (“IPC” for short). The case of the complainant, in brief, as noticed in para 2 of the order dated 1.5.2008 (Annexure P-1) passed by the Judicial Magistrate, Ist Class, Ferozepur, is as under:- The brief facts of the case of the complainant are that on 18.4.2007 the complainant was sitting in his house along with Jagdish Singh. The accused came there with pre- Criminal Misc. No.M-5542 of 2009 (O&M) -2- planned motive and started demolishing the wall with the tractor and he heard the noise of the same. He ran to stop the persons and requested them not to do so. The accused persons put a safa in his neck and tried to kill him by strangulation. On his raising noise his sons Paramjit, Rattan Kumar also came and rescued him from the accused. Thereafter, Binder Singh raised Lalkara to Gian Singh that the complainant is running away and he should be hit with kahi. Thereafter, Gian Singh hit him with Kahi on the left leg, as a result of which he fell down and blood was also oozing out. He felt ashamed and did not go to the hospital. Thereafter, he gave various applications to the police of but no avail. The motive is that the wall was constructed and thereafter the accused had put mud towards the wall. Thereafter, the accused had demolished the wall.” After recording preliminary evidence led by the petitioner, the respondents were summoned to face the trial under Sections 323 and 427 IPC by the Judicial Magistrate, Ist Class, Ferozepur vide order dated 1.5.2008 (Annexure P-1). Aggrieved by the same, the petitioner filed a revision petition praying that the respondents were liable to be summoned under Section 307 IPC. Vide the impugned order dated 9.1.2009 (Annexure P-2), learned Additional Sessions Judge, Ferozepur has dismissed the revision petition on the ground that there was no medical evidence to support the plea of the petitioner that offence under Section 307 IPC was made out. In the absence of any medical evidence on record, the respondents could Criminal Misc. No.M-5542 of 2009 (O&M) -3- not be summoned to face the trial under Section 307 IPC. Hence, the present petition. The petitioner, on a query put by this Court, has said that he did not get himself medically examined due to fear of respondent No.3, who is working as a Constable. Since in the present case there is no medical evidence in support of any injury suffered by the complainant under Section 307 IPC, learned Additional Sessions Judge, Ferozepur has rightly dismissed the revision petition. Hence, impugned order does not call for any interference. Accordingly, this petition is dismissed. (SABINA) JUDGE May 27, 2009 anita