Kamal Tandon v. State Of Punjab And ORS

CRM-M-50766-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.50766 of 2024 (O&M) Date of Decision: 15.10.2024 Kamal Tandon

...Petitioner

Versus

State of Punjab and Others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Pranav Handa, Advocate for the petitioner.

Ms. Swati Batra, DAG, Punjab **** ANOOP CHITKARA, J.

Seeking directions to official respondents i.e. respondent Nos.1 to 3 to conduct fair and proper investigation in the representation dated 20.09.2024 (Annexure P-1), petitioner, claiming to be an aggrieved person, has come up before this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). 2.

Counsel for the petitioner submits that he would be contended and satisfied if his representation (Annexure P-1) which is pending with the official respondents is decided in a time bound manner by passing a speaking order. He also submits that he would confine the present petition for directions to decide the representation within a stipulated period, with liberty reserved to file a separate petition for protection of his life and liberty.

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.

Let the Commissioner of Police concerned decide the representation (Annexure P1) by 31.10.2024, either himself/ herself or by authorizing and delegating it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the representationist(s) without delay. Sonia Puri 2024.10.16 10:19 I attest to the accuracy and integrity of this document

CRM-M-50766-2024 5.

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

6.

It is clarified that there is no adjudication on merits. It is further clarified that this order shall not come in the way if the interrogation of the petitioner is required in any cognizable case. It is also clarified that this order shall not be construed as order of stay of arrest of the petitioner in any case.

7.

There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use.

Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 15.10.2024 Sonia Puri Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No.

Sonia Puri 2024.10.16 10:19 I attest to the accuracy and integrity of this document