- (1.) Pleading his false implication in a case instituted on the basis of a complaint filed by Gurdev Singh, respondent No.2, the petitioner seeks quashing of the complaint and the summoning order dated 8.9.2011, summoning him to face prosecution for offences under Section 302 IPC and Section 27 of the Arms Act.
(2.) It is averred in the petition that at about 3 P.M. On 10.11.2010, the complainant alongwith his sons entered into the house of the petitioner and caused a fire arm injuries to him, his brother and wife, Harbhajan Kaur. It is further alleged that Gurdev Singh, respondent No.2 gave fire arm injuries to Manjeet Kaur and Gurdeep Kaur. Manjeet Kaur then died at the spot whereas Gurdeep Kaur died in the hospital.
(3.) Otherwise, on the basis of a statement made by the petitioner, FIR No.138 dated 10.11.2010 was registered under Sections 302, 307 IPC. against respondent No.2. The petitioner has accused respondent No.2 of double murder. The petitioner had also received gun shot injury, whereas his wife had also received injuries on her thigh, left buttock etc. Respondent No.2 was accordingly arrested. Challan was presented against him and charges have already been framed. After examination of two injured eye witnesses and the doctor, Public Prosecutor had moved an application under Section 319 Cr.P.C. for summoning other accused. On this basis, other co-accused of respondent No.2 have been summoned as additional accused. It is alleged that after five months of the occurrence, respondent No.2 has filed a complaint making baseless and vague allegations against 6 persons and the JMIC, Ferozepur, without going through the facts properly, has summoned the petitioner under Section 302 IPC and Section 27 of the Arms Act. Complaint qua 6 other accused has been dismissed.;