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High Court of Punjab and HaryanaCRM-M/31716/2025disposed of

Sukhjeet Singh v. State Of Punjab And Another

2025-07-01Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-31716-2025 (O&M) Date of decision: 01.07.2025 Sukhjeet Singh ....Petitioner

Versus

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

Present:

Mr. Sukhmeet Singh, Advocate for the petitioner.

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

HARPREET SINGH BRAR J. (Oral) 1.

Prayer in this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'the BNSS, 2023') is for quashing of FIR No.370 dated 19.12.2024 registered under Sections 126(2), 115(2), 118(1), 351(2) of BNS, 2023 at Police Station Guru Har Sahai, District Ferozepur, and all other consequential proceedings arising therefrom.

2.

Learned counsel for the petitioner, inter alia, contends that the FIR (supra) was registered at the instance of Gursewak Singh, on account of a dispute arising out of the use of canal water for irrigation purposes. He further submits that the alleged incident occurred in the fields where the complainant, a labourer employed by one Jagbir Singh, was working, and the altercation with the complainant allegedly arose due to a disagreement regarding the turn of canal water. He further MOHD YAKUB 2025.07.01 15:26 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

contends that the petitioner has been falsely implicated in the FIR (supra) due to previous enmity and the delay of 04 days in lodging the FIR casts serious doubt on its veracity. The injuries are not supported by any independent witness testimony at the time of the alleged incident, and the presence of the petitioner at the spot is highly doubtful. 3.

Learned counsel for the petitioner submits that the petitioner would be satisfied in case all the documents, which are annexed with the present petition, are considered by the Investigating Officer before submitting the challan/final report under Section 193 of the BNSS, 2023.

4.

Notice of motion.

5.

On asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, who is present in the Court, accepts notice on behalf of the respondent - State and submits that he has no objection, in case the Investigating Officer is directed to consider all the documents, which are annexed with the present petition, before preparing the challan/final report under Section 193 of BNSS, 2023.

6.

I have heard learned counsel for the parties and perused the record of the case with their able assistance. 7.

Keeping in view the aforesaid facts and circumstances, present petition is disposed of with a direction to the Investigating Officer to consider all the documents, which are annexed with the present petition, before preparing the challan/final report under Section 193 of BNSS, 2023.

8.

It is clarified that in case, final report under Section 193 of BNSS, 2023, is against the petitioner, he would be at liberty to file afresh petition to challenge the FIR (supra) along with challan/final report under Section 193 of BNSS, 2023.

(HARPREET SINGH BRAR) JUDGE 01.07.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No