Kher Mohammad v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Date of Decision:-11.03.2026 KHER MOHAMMAD ......PETITIONER VS.

STATE OF HARYANA AND OTHERS .....RESPONDENTS CORAM:-HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Ravinder Bangar, Advocate for the petitioner. Mr. Vipul Sherwal, AAG Haryana.

(THROUGH VIDEO CONFERENCING) **** JASJIT SINGH BEDI , J.(ORAL ) 1.

The prayer in the present petition under Section 528 of BNSS, 2023 (482 of Cr.P.C.) is for issuance of directions for a fair and impartial investigation/re-investigation in FIR No.213 dated 18.12.2025 (Annexure P-1) under Section 316(2) of BNS, 2023 (later on Sections 417, 470, 471, 381, 211 of IPC have been added) registered at Police Station District Ambala, Haryana.

2.

The learned counsel for the petitioner-accused contends that the investigation in the present case has not been conducted in a fair and impartial manner, and therefore, appropriate directions be issued in that regard.

3.

The learned State counsel, on the other hand, contends that the petitioner had earlier sought the concession of anticipatory bail, which

-2was withdrawn by him on 18.02.2026. Therefore, the instant petition seeking proper investigation is not maintainable. 4.

I have heard learned counsel for the parties. 5.

A Co-ordinate Bench of this Court passed the following order:- "1. The present petition has been filed under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in case FIR No.213 dated 18.12.2025, registered at Police Station Sadar Ambala, under Sections 316(2) BNS and Sections 318(2), 340, 111(3), 306 and 238 BNS (added later on).

2. After arguing for some time, learned counsel, on instructions from the petitioner, prays for withdrawal of the present petition, to surrender him before the trial Court and file an application for bail, which may be directed to be decided in a time bound manner.

3. Dismissed as withdrawn. In case, the petitioner surrenders within 7 days and files an application for grant of bail, the same be decided within 2 days thereafter, in accordance with law."

6.

A perusal of the afore-mentioned order would show that the petitioner had sought the concession of anticipatory bail, but when the Court was not inclined to grant him the said concession, he withdrew the said petition.

7.

In view of the above fact that the petitioner has not surrendered and sought regular bail in terms of the afore-mentioned order, the question of seeking further investigation/re-investigation does not arise as it appears that the petitioner/accused wants to obfuscate the investigation.

-38.

In view of the above, I find no merit in the present petition and the same stands dismissed.

9.

All the pending miscellaneous applications, if any, stand disposed of.

(JASJIT SINGH BEDI) 11.03.2026 JUDGE Kusum Whether speaking/reasoned Yes/No Whether reportable Yes/No