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High Court of Punjab and HaryanaCRM-M/38605/2024allowed

Balveer Singh And Another v. State Of Punjab And Others

2024-08-12Mr. Justice Anoop Chitkara2 pages

CRM-M-38605-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.38605 of 2024 (O&M) Date of Decision: 12.08.2024 Balveer Singh and Another

...Petitioners

Versus

State of Punjab and Others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Bikramjeet Singh Jatana, Advocate for the petitioners. Ms. Swati Batra, DAG, Punjab (Through video conferencing).

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 22.01.2023 Badhni Kalan, District Moga 307, 506, 34 IPC and 25, 27 of Arms Act.

1.

The petitioner has come up before this court under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking directions to official respondents not to harass the petitioners unnecessarily at the instance of respondent No.4 in the FIR captioned above. 2.

The limited prayer for which the petitioners have come up before this Court is that they were not required by Investigating Agency as they have no concern but despite that the investigators are troubling and harassing them. 3.

Notice served upon the official respondents through the State counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required. 4.

State counsel on instructions submits that they would not harass the petitioners unnecessarily.

Sonia Puri 2024.08.14 13:19 I attest to the accuracy and integrity of this document

CRM-M-38605-2024 5.

Given the assurance of State counsel, the present petition is disposed of. It is clarified that in case the petitioners are still harassed and humiliated at the hands of the investigator(s), they may file a representation before the concerned Superintendent of Police who shall decided the same within a period of 15 days from the date of filing of the same, either himself or by authorizing and delegating it to any officer holding DySP cadre and the same be communicated to the representationist(s) as well as to their counsel through his email ID, without any delay. This order shall eclipse after 30 days. 6.

Liberty reserved to the petitioner to file fresh petition or to take other legal remedies in accordance with the law.

(ANOOP CHITKARA) JUDGE 12.08.2024 Sonia Puri Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.08.14 13:19 I attest to the accuracy and integrity of this document