Gurveer Singh v. State Of Punjab And Others

CRM-M-5490-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-5490-2025 (O&M) Date of decision: 05.03.2025 Gurveer Singh ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Amandeep S. Manaise, Advocate for the petitioner.

Mr. Subhash Godara, Addl. A.G., Punjab.

HARPREET SINGH BRAR J. (Oral) Prayer in this petition filed under Section 528 of BNSS, 2023, is for issuance of direction to official respondents No.2 and 3 to conduct a fair and impartial investigation in FIR No.115 dated 29.11.2024 registered under Sections 329(3), 351(2), 191(3), 190 of BNS, 2023 at Police Station Budhlada, District Mansa. In compliance of the order dated 30.01.2025, passed by this Court, status report by way of affidavit of Gamdoor Singh, Deputy Superintendent of Police, Sub-Division Budhlada, District Mansa, has been filed in the Court today, which is taken on record. Learned counsel for the petitioner submits that the query raised by this Court has not been satisfactorily answered and hurriedly the investigation was concluded and a cancellation report was submitted before the jurisdictional Court which vindicates the stand of the MOHD YAKUB 2025.03.05 17:52 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-5490-2025 petitioner that the jurisdictional police authorities have acted under the pressure of respondents No.5 and 6, who are former police officers and to give them undue benefit, the cancellation report has been prepared. Per contra, learned State counsel submits that the investigating agency has concluded the investigation and presented the cancellation report before the jurisdictional Court on 21.02.2025. In view of the peculiar facts and circumstances of the case, the present petition is disposed of with a direction to the jurisdictional Court to pass an appropriate orders in terms of the judgment passed by this Court in "Pankaj Kumar @ Panki and others vs State of Punjab and another", 2021(2) RCR (Criminal) 633, after affording due opportunity of hearing to the petitioner.

The petitioner would be at liberty to file an appropriate application and raise the specific allegation pointing out the shortcomings and lapses in the investigation, if any. (HARPREET SINGH BRAR) JUDGE 05.03.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.03.05 17:52 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh