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High Court of Punjab and HaryanaCRWP/7092/2024disposed of

Kanwaljit Singh Sadana v. State Of Punjab And Others

2024-07-29Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-7092-2024 (O&M) Date of Decision:-29.7.2024 Kanwaljit Singh Sadana ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.B.S. Dhillon, Advocate for the petitioner. Mr. Siddharth Attri, AAG, Punjab.

Mr. Rahul Bhargava, Advoate for the complainant. ***** GURVINDER SINGH GILL, J.(Oral) 1.

Having heard the learned counsel for the petitioner and while refraining from making any expression as regards merits of the case or as regards veracity of averments made in the petition, the instant petition is disposed off with a direction to respondent No.3 - Commissioner of Police, Ludhiana, District Ludhiana to ensure that in case the petitioner is required to be associated with any inquiry or any information is to be elicited from him in the capacity of a witness, then a prior written notice in terms of provisions of Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) is duly issued to the petitioner. In case the petitioner is arrayed as an accused, then provisions of Section 35 of BNSS be complied with, as far as the same may be applicable. 2.

As far as the prayer of the petitioner for lodging of FIR against respondents No.4 to 7 for allegedly illegally detaining him at CIA Staff, Ludhiana is Pankaj Kakkar 2024.07.29 16:30 I attest to the accuracy and authenticity of this document

CRWP-7092-2024 (O&M) ( 2 ) concerned, the petitioner would be liberty to approach the Illaqa Magistrate concerned by way of filing an application under Section 175(3) of BNSS. 3.

A copy of this order be conveyed to respondent No.3-Commissioner of Police, Ludhiana, District Ludhiana for necessary compliance. 29.7.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.07.29 16:30 I attest to the accuracy and authenticity of this document