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High Court of Punjab and HaryanaCRM-M/38165/2025disposed of

Deepak Kumar v. State Of Punjab And ORS.

2026-03-07Mr. Justice Jasjit Singh Bedi2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH CRM-M-38165-2025 Date of Decision:-07.03.2026 DEEPAK KUMAR ......PETITIONER VS.

STATE OF PUNJAB AND ORS.

.....RESPONDENTS CORAM:-HON'BLE MR. JUSTICE JASJIT SINGH BEDI

Present:

Mr. Rahul Bhargava, Advocate for the petitioner. Mr. Jasdev Singh, AAG, Punjab.

(THROUGH VIDEO CONFERENCING) **** JASJIT SINGH BEDI , J.(ORAL ) 1.

The prayer in the present petition under Section 528 of BNSS, 2023 is for seeking transfer of the investigation in FIR No.297 dated 24.11.2024 (Annexure P-1) under Sections 406, 420 and 506 of IPC, 1860 registered at Police Station City Kapurthala, District Kapurthala, Punjab.

2.

The learned counsel for the petitioner-complainant contends that the captioned FIR was registered on the basis of an inquiry conducted by the DSP Kapurthala. The accused sought the concession of anticipatory bail and the same was declined by the Sessions Court. He approached this Court and the said petition was dismissed vide order dated 28.05.2025 (Annexure P-4). Instead of approaching the Apex Court, the accused has once again approached the SSP, Kapurthala seeking conclusion of investigation. In the garb of concluding the investigation, a cancellation KUSUM 2026.03.07 14:47 I attest to the accuracy and integrity of this document PHHC Chandigarh report is likely to be prepared and in that regard a letter dated 10.06.2025

CRM-M-38165-2025 -2has been issued, which has been challenged in a connected petition bearing No.CRM-M-34107-2025 titled as "Deepak Kumar vs. State of Punjab and ors." He contends that appropriate directions be issued to the DGP, Punjab to constitute an SIT so that the true facts come to light. 3.

The learned State counsel while not disputing the factual narration, contends that the investigation is proceeding fairly and the present petition is liable to be dismissed.

4.

As per the record, the FIR was registered and the anticipatory bail application of accused Rajiv Kumar stands dismissed by this Court vide order dated 28.05.2025. Instead of approaching the Apex Court, an attempt has been made to initiate a parallel inquiry. 5.

Be that as it may, without going into the respective contentions of either side, the present petition is disposed of with the directions to the DGP, Punjab to constitute an SIT of Officers outside the Districts of Kapurthala and Hoshiarpur. The investigation so conducted by the SIT be concluded within a period of 08 weeks. 6.

Needless to say, the said SIT shall examine all the prior enquiry/investigation reports and associate both parties before finalizing their report.

7.

All the pending miscellaneous applications, if any, stand disposed of.

(JASJIT SINGH BEDI) 07.03.2026 JUDGE Kusum Whether speaking/reasoned Yes/No Whether reportable Yes/No KUSUM 2026.03.07 14:47 I attest to the accuracy and integrity of this document PHHC Chandigarh