← Library
High Court of Punjab and HaryanaCRM-M/41495/2025allowed

Nisha Devi v. State Of Haryana

2026-02-25Mr. Justice Sanjay Vashisth3 pages

- 1 -

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 105-2 Decided on : 25.02.2026 Nisha Devi . . . Petitioner(s)

Versus

State of Haryana . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Sudhir Rana, Advocate, Mr. Ankush Duhan, Advocate and Mr. Deepak Joon, Advocate, for the petitioner(s). Mr. Kanwar Sanjiv Kumar, AAG, Haryana assisted by SI Deepak, P.S. Sector 14, Gurugram. Mr. Anmol Jindal, Advocate for Mr. Yaseen Sethi, Advocate, for the complainant(s). **** SANJAY VASHISTH, J (ORAL) 1.

In the present case, on 11.09.2025, following order was passed by the Coordinate Bench of this Court.

"

List on 07.01.2025.

There shall be stay on arrest of the petitioner till the next date of hearing subject to petitioner joining investigation from 22.09.2025 to 26.09.2025 on each and every date at 10:00 am in the concerned police station.

Let the investigator file an affidavit mentioning the recovery of proceeds of crime which was attributed to the petitioner and recovered."

2.

Primarily, the allegations are against the husband of the petitioner. As per the facts detailed in the FIR, neither any written agreement was executed nor was any verbal settlement reached between the complainant and the petitioner. Furthermore, no amount was directly

- 2 - deposited into her bank account, except for an alleged cash payment of Rs.5,00,000/-, which is disputed by the petitioner - Nisha Devi. Broadly, it is argued that any alleged cheating or fraud, if is there, it pertains to her husband - Kamal Kishore, whereas the petitioner, being a housewife, has no role in his business dealings. It is further submitted that, in compliance with the directions issued by the Coordinate Bench vide order dated 11.09.2025, the petitioner has joined the investigation and has fully cooperated.

3.

On the other hand, learned State counsel, assisted by learned counsel for the complainant, submits that although the petitioner has joined the investigation, she has failed to get recovered the amount allegedly taken by her.

4.

Heard.

5.

Admittedly, the amount of Rs.5.00 lakhs, allegedly given to the petitioner is under dispute, and same is yet to be established by the complainant by leading cogent evidence before the trial Court at the relevant stage of trial.

Therefore, taking into consideration the overall factual matrix; the submissions advanced by learned counsel for the parties; and the fact that the petitioner has already joined and cooperated in the investigation, this Court deems it appropriate to make absolute the interim protection granted vide order dated 11.09.2025.

6.

Petitioner is directed to join the investigation within a period of two weeks from today, or as and when required to do so by the Investigating

- 3 - Agency. In the event of her arrest, she shall be released on ad-interim bail, subject to her furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 7.

Besides, it is directed that petitioner would hand over her respective passport to the Investigating Agency or to Court concerned, if she possesses. Otherwise, would submit an affidavit, disclosing the fact that she does not possess any passport.

It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 8.

Accordingly, petitions stand disposed of.

9.

However, present order would be subject to the submission of passport of the petitioner to the Investigating Agency or to Court concerned, if she possesses, within a period of one week from today. Otherwise, she would submit an affidavit, disclosing the fact that she does not possess any passport.

It is clarified that in case, aforesaid condition is not complied with, this order would be considered as non est automatically. Pending misc. application(s), if any, also stand(s) disposed of. (SANJAY VASHISTH) JUDGE February 25, 2026 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No