Suraj v. State Of Punjab And Others

IN THE PUNJAB AND HARYANA HIGH COURT

AT CHANDIGARH Decided on:30.04.2025 Suraj .... Petitioner versus State of Punjab and others .... Respondent

CORAM:

HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Ravi Malhotra, Advocate for the petitioner.

Mr. Rishabh Singla, AAG, Punjab.

**** Harpreet Singh Brar, J. (Oral) 1.

Prayer in this petition filed under Section 528 of BNSS is for issuance of directions to respondents No.1 to 3 to transfer the investigation of the case in FIR No.95 dated 18.08.2024 registered under Sections 103(1), 191(3), 190 BNS, 2023 at Police Station Sujanpur District Pathankot to some other independent investigating agency.

2.

On 05.03.2025, this Court passed the following order: "Prayer in this petition filed under Section 528 of BNSS, is for issuance of direction to respondents No.1 to 3 to transfer the investigation of the case in FIR No.0095 dated 18.08.2024, registered under Sections 103(1), 191(3), 190 of BNS, 2023, at Police Station Sujanpur, District Pathankot, to some other independent investigating agency or to any senior police officer. Learned counsel for the petitioner inter alia contends that in spite of the fact that the FIR (supra) was registered on 18.08.2024 for the murder of the deceased brother of the petitioner, the jurisdictional police authorities have not made any effort either to arrest the accused or to conclude the investigation

and rather the petitioner is being pressurized to enter into a compromise and he would be duly compensated from the accused persons.

Notice of motion.

Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of respondent - State and seeks a short accommodation to file a reply by way of affidavit of respondent No.3, to the facts and circumstances of the case. Learned counsel for the petitioner undertakes to supply a complete copy of paper book to counsel opposite during the course of day.

Adjourned to 30.04.2025."

3.

In compliance thereof, reply by way of an affidavit of Daljinder Singh Dhillon, Senior Superintendent of Police, District Pathankot has been filed in Court today, which is taken on record. 4.

While referring to the reply, learned State counsel submits that after the receipt of report of chemical examiner dated 15.11.2024, opinion of medical board was sought as no poison was detected from the sample. Learned State counsel further submits that a medical board was constituted comprising of Dr. Nitesh Kumar, Dr. Saurabh Katoch and Dr. Shareen Dhiman to determine as to whether the injuries suffered by the deceased are result of any roadside accident or have been caused by sharp-edged weapon. The medical board gave the opinion that the pattern of injuries on the dead body can be due to road side accident. Further, the sister of the deceased has also made a statement that the deceased had died due to road accident. The demarcation of the place of occurrence was got conducted by the investigating officer and it was found that the deceased was travelling on a scooter bearing registration No.PB-35-AM-3722 and the said scooter

slipped, as a result of which, the head of the deceased hit the stairs of the shop situated in the street.

5.

The detail scrutiny of the material reveals that the allegations made by the petitioner has no substance.

6.

In view of the reply filed by the State, present petition stands dismissed being devoid of any merit.

30.04.2025 (HARPREET SINGH BRAR) sonia JUDGE Whether speaking/non-speaking?

Yes/No Whether reportable?

Yes/No