Mandeep Singh And ORS v. State Of Punjab

-1- THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 28.11.2024 Mandeep Singh and another ..... Petitioners

Versus

State of Punjab and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Jagan Nath Bhandari, Advocate for the petitioners (through video conferencing). *** RAJESH BHARDWAJ, J. (ORAL) 1.

Present petition has been filed praying for directing the official respondents No.2 to 4 to decide the representation and to conduct fresh enquiry in FIR No.96, dated 05.07.2024, registered under Section 420, 406, 34 of the Indian Penal Code, 1860, Police Station Mukerian, Hoshiarpur annexed as Annexure P-4 as per law respectively by considering the documents placed on record as Annexures. Further prayer has been made to get investigate the matter by respondent No.2 or not below the rank of respondent No.2 as respondents are having relations with high profile police officials, bureaucrats, politicians etc. and the present investigation team has been working under the influence of private respondents and to prevent the investigation agency from

-2presenting challan before the trial Court during pendency of this Criminal Main Petition and till the fresh inquiry is conducted in FIR No.96, dated 05.07.2024, Police Station Mukerian, Hoshiarpur as there are specific allegations of biasness and malice against present investigating agency as evident from the fake FIR.

2.

It has been contended by learned counsel for the petitioners that FIR No.96, dated 05.07.2024, under Sections 420, 406, 34 of IPC was registered on the statement of Avtar Singh in which the petitioners have been falsely implicated. He has submitted that investigation in the present case is being conducted in an impartial manner. He has submitted that the petitioners for the redressal of their grievances filed the representation to the Senior Superintendent of Police, Hoshiarpur, Punjab dated 16.10.2024, however no action is being taken by the Investigating Agencies on the representation filed by the petitioners. 3.

Notice of motion to official respondents No.1 to 4 only at this stage.

4.

On asking of the Court, Mr. Tarun Aggarwal, Sr. DAG, Punjab appears and accepts notice on behalf of respondents No.1 to 4State. He at the outset has submitted that investigation in the FIR as mentioned by the petitioners is already in progress and the same is being conducted in a free and fair manner. He has submitted that the petitioners themselves are an accused, who have filed the representation only to delay the investigation. He has submitted that the investigation would be

-3completed in a free and fair manner expeditiously in accordance with law.

5.

Heard.

6.

On hearing learned counsel for the parties and perusing the record, it is apparent that the petitioners are the accused in FIR No.96, dated 05.07.2024. As submitted by learned counsel for the State, investigation is in progress and the same would be concluded expeditiously.

7.

Thus this Court finds no ground to interfere in the ongoing investigation. However the present petition is disposed of with direction to the Investigating Agencies to conclude the investigation expeditiously in accordance with law. The petitioners would be at liberty to avail their remedy as per law in case they have any surviving grievance. (RAJESH BHARDWAJ) 28.11.2024 JUDGE rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No