Kamaljit Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision: 26.05.2026 Kamaljit Singh

...Petitioner(s)

VERSUS

State of Punjab and others

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Ms. Raj Kaur, Advocate and Ms. Manisha Mashaal, Advocate for the petitioner(s). ***** VINOD S. BHARDWAJ, J. (Oral) CRM-W-762-2026 Application is allowed as prayed for subject to all just exceptions. Annexure P1 to P-39 are taken on record. Registry is directed to tag the same at an appropriate place with page marking.

Main case:

1.

Prayer in the present petition is for directing a de novo investigation in case bearing FIR No.51 dated 10.08.2019 registered under Sections 326, 323, 506, 148 and 149 of the Indian Penal Code, 1860 at Police Station Verowal, District Tarn Taran, by the Central Bureau of Investigation (CBI) by setting aside the investigation and to ensure a fair, impartial and credible investigation.

2.

Counsel for the petitioner has vehemently argued that the petitioner herein is a retired officer from the Defence Services and he is

being abused and harassed by the private respondents herein on account of his belonging to Scheduled Caste and is being subjected to an ongoing continuous caste discrimination since 1972. She contends that one incident took place in the year 2002 followed by incident in 2003, then in 2017 as well as in the subsequent years and continued till the present year. 3.

It is contended that the petitioner has submitted different complaints to various authorities including, Prime Minister of India as well as Punjab State Human Rights Commission, the Punjab State Scheduled Castes Commission as well as the Police officials, however, a proper investigation into the issues has not been undertaken. The petitioner is thus still being harassed and humiliated by the private respondents and is being pressurized to withdraw the pending Court cases. There have been thus recent incidents of threat being extended to him. 4.

On a specific query, counsel for the petitioner does not dispute that investigation in the aforesaid case had already been concluded and a final report was filed way back in the year 2022 i.e. more than 04 years prior to the institution of the present case.

5.

She also does not dispute that it is a case of version and cross version and that even the private respondents are being tried for the said cross version. She further does not dispute that the charge has already been framed against the petitioner in the aforesaid case and the prosecution evidence of some witnesses has also been recorded. 6.

Under the given circumstances and taking into consideration the stage of trial and that the petitioner was conscious of the final report that had been filed more than 04 years ago but yet he kept sleeping on the matter

and did not approach any Court on the first available opportunity and he is now seeking a de novo investigation in the case at this belated stage, on the basis of the incidents that have occurred after the filing of the final report. I am of the view that the said subsequent events would not make out the ground for petitioner to seek a de novo investigation in an FIR that was registered in 2019 and wherein trial commenced in the year 2022. Such events may give rise to a fresh cause of action to the petitioner, against the private respondents.

7.

The present petition is accordingly disposed of, as barred by delay and laches, in so far as the prayer of the petitioner for a de novo investigation in the abovesaid FIR No.51 dated 10.08.2019 registered under Sections 326, 323, 506, 148 and 149 of the Indian Penal Code, 1860 at Police Station Verowal, District Tarn Taran is concerned. However, the petitioner shall be at liberty to pursue his alternative remedies qua his other subsisting grievances emanating from the subsequent events, if so advised. (VINOD S. BHARDWAJ) 26.05.2026 JUDGE Mangal Singh Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No