IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-19911 of 2008 Date of Decision: August 08, 2008 Devinder Singh .....PETITIONER(S) VERSUS Bhupinder Singh & Another .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Suveer S. Sheokand, Advocate, for the petitioner. . . . AJAI LAMBA, J (Oral) The petition has been filed for quashing order dated 22.3.2006, Annexure P-2, passed by the Judicial Magistrate, Ist Class, Ludhiana, and order dated 5.7.2008, Annexure P-3 passed by the Additional Sessions Judge, Fast Track Court, Ludhiana. It seems that a complaint was filed by the petitioner alleging commission of various offences including an offence under Section 307 IPC. The respondents have been asked to stand trial under the other provisions, however, not under Section 307 IPC. An application was made before the Magistrate to invoke Section 307 IPC which has been declined vide impugned Order dated 22.3.2006. In the said order, it has been observed that after “perusing of Crl. Misc. No. M-19911 of 2008 [2] evidence of complainant as discussed above this court finds that in regard to allegations under Section 307 IPC no evidence has come on the file at this stage whether accused with the intention to kill the complainant fired a gun shot with his .12 bore gun at the complainant. As such at this stage no ground is made out for summoning the accused under Section 307 IPC”. A revision was carried as the complainant was aggrieved by non inclusion of the provisions of Section 307 IPC. The Revisional Court has held in the following terms:- “…. Now, the case is fixed for pre charge evidence of the complainant. If during recording of the pre charge evidence on the file, the Ld. Trial Court come at hand after cross examination of the witnesses of some evidence which shows the intention of the accused to kill the complainant, then learned trial Court can send the case to the court of sessions for trial as per law.” I have considered the contentions of the learned counsel to the effect that two shots having been fired, intention of the accused was clear to commit murder. It is the satisfaction of the Trial Court that is required to be given weightage. In any case, if at a later stage evidence comes that satisfies the Trial Court that offence under Section 307 IPC is made out, the matter would be referred for trial under Section 307 IPC. This being the case, no case for interference is made out. The petition is dismissed. (AJAI LAMBA) August 08, 2008 JUDGE avin