Sukhwinder Singh v. State Of Punjab And Another

CRR No. 1778 of 2023

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRR No. 1778 of 2023 Date of Decision: 07.05.2026 Sukhwinder Singh

...Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Jatinder Nagpal, Advocate for the petitioner.

Mr. Akshay Kumar, A.A.G., Punjab.

Mr. Arun Singla, Legal aid counsel for respondent No.2.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 9.7.2022 Julkan 279, 427, 304 IPC and 29, 15/61/85 of NDPS Act Seeking setting aside of impugned order dated 17.01.2023 passed by Additional Sessions Judge, Patiala, the petitioner-complainant has come up before this Court by filing the present revision petition. 2.

The grievance of the complainant is that accused was discharged by Additional Sessions Judge based on the report filed by the police. 3.

Accused Lovepreet Singh @ Lovely was found to be innocent on the ground that he was not found present at the spot on the place of occurrence in the CCTV footage, however the order does not refer that when and on which device the Court had seen the CCTV footage and who had identified the persons in the CCTV footage. Even the date of CCTV footage is not mentioned. Needless to say that CCTV footage has time lap which is visible on the video and it is very easy to decipher the date and time of video recording.

JYOTI SHARMA 2026.05.14 10:22 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRR No. 1778 of 2023 4.

As such, the order is cryptic and does not refer to the date and time and watching of the CCTV footage.

5.

Given above, the impugned order dated 17.01.2023 passed by Additional Sessions Judge, Patiala is quashed and set aside. The matter is referred back to the Sessions Court with a direction that before accepting the application for discharge, the Court shall watch the CCTV footage and complainant shall be permitted to give assistance regarding identification of the people in the CCTV footage and State counsel through Investigator should also give assistance in this regard. 6.

Petition is disposed of with the observations mentioned above. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 07.05.2026 Jyoti Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI SHARMA 2026.05.14 10:22 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh