Rajbir Singh v. State Of Punjab & Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
CHANDIGARH Date of Decision: 03.07.2026 RAJBIR SINGH
...Petitioner
V/S STATE OF PUNJAB & OTHERS
...Respondents
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Present:
Mr. Harmanpreet Singh Mandar, Advocate for Mr. Harpreet Singh Multani, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG Punjab.
*** SHALINI SINGH NAGPAL J. (Oral) The petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 seeks following reliefs:
(i) direction to respondents No. 2 to 4 to consider and decide representation dated 06.04.2026 (Annexure P-3) submitted by the petitioner;
(ii) direction to respondents No. 2- Senior Superintendent of Police, Mohali, to get the aforesaid representation and FIR No. 114 dated 31.03.2026 under Sections 125, 351(2) Bharatiya Nyaya Sanhita, 2023 and Sections 25, 27 Amrs Act, Police Station Kharar, investigated from a senior police officer, not below the rank of Superintendent of Police. (iii) direction to official respondents to protect life and liberty of the petitioner from private respondents No. 5 to 7. Learned counsel for the petitioner submits that petitioner is a retired army personnel, working as Security Guard. On 31.03.2026, at about 10.00 AM, private respondents No. 5 to 7 assaulted him, snatched his licensed pistol and gave him severe beatings. He was shifted to Civil
-2Hospital, Kharar and thereafter to Civil Hospital, Mohali for treatment and remained hospitalized from 31.03.2026 to 06.04.2026. Instead of registering a case against private respondents, FIR was registered against the petitioner. Even though a formal complaint was moved to Senior Superintendent of Police, Mohali, no action was taken. Notice of motion to official respondents only. Mr. Kunwarbir Singh, AAG Punjab, who is present in Court, accepts notice on behalf of the official respondents and submits that upon receipt of intimation, the police reached the hospital where petitioner was admitted but he had since been referred to higher centre, on which account his statement could not be recorded.
He further submits that Senior Superintendent of Police, Mohali had received representation (Annexure P-3) regarding version of the petitioner, enquiry thereon was underway and the needful would be done in due course. Considering the response of the State of Punjab, at this stage, it does not appear that the conduct of investigation is tainted or unfair warranting orders for investigation by senior police officer. The present petition is accordingly disposed of with a limited direction to respondent No. 2- Senior Superintendent of Police, Mohali, to decide the aforesaid representation dated 06.04.2026 (Annexure P-3) submitted by petitioner within a period of 15 days from today by passing a reasoned and speaking order in accordance with law and take necessary action, if so required.
Life and liberty of petitioner be protected in case threat is perceived. However, if, respondent No.2 does not find any substance in the allegations levelled in the representation (Annexure P-3), the petitioner shall be informed as per mandate of law.
-3Pending CRM(s), if any, are also disposed of accordingly. (SHALINI SINGH NAGPAL) 03.07.2026 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No