High Court of Punjab and HaryanaCRWP/8584/2024disposed of

Saraj Mohammad v. State Of Punjab And Others

2024-09-05Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-8584-2024 (O&M) Date of Decision:-05.09.2024 Saraj Mohammad ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Sunny K. Singla, Advocate, for the petitioner. Mr. Siddharth Attri, AAG, Punjab.

***** GURVINDER SINGH GILL, J.(Oral)

1. Having heard 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.2 - Senior Superintendent of Police, District Malerkotla, 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 provisions of Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) shall be duly complied with. In case, the petitioner is Pankaj Kakkar 2024.09.05 17:40 I attest to the accuracy and authenticity of this document

CRWP-8584-2024 (O&M) ( 2 ) to be summoned in the capacity of an accused in connection with any case, then provisions of Section 35 of BNSS, in case applicable, shall be duly adhered to.

2. It is, however, clarified that the aforesaid directions shall not be construed to be any kind of protection in case it is found that the petitioner, being an offender, is required to be arrested in accordance with law.

3. A copy of this order be conveyed to respondent No.2 - Senior Superintendent of Police, District Malerkotla for necessary compliance. 05.09.2024 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2024.09.05 17:40 I attest to the accuracy and authenticity of this document