Hardeep Hans v. The State Of Ut Chandigarh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-33694-2024 Date of Decision : March 19, 2025 HARDEEP HANS -PETITIONER V/S THE STATE OF UT CHANDIGARH AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Gaurav Datta, Advocate with Ms. Srishtti S. Sharma, Advocate for the petitioner.

Mr. Jaivir Chandail, Advocate with Mr. Karanvir Singh, Advocate and Mr. Ashok Kumar, Advocate for the respondents No.1 to 8.

Mr. Navkiran Singh, Advocate for the respondents No.9 to 11.

*** KULDEEP TIWARI, J. (ORAL) 1.

The genesis of the present writ petition is embodied in an unfortunate incident, wherein, the petitioner's brother, a practicing advocate, is alleged to have been murdered by the respondents No.9 to 11. This incident constituted the bedrock for registration of a series of FIRs, i.e. (i) FIR No. 211 dated 08.10.2024, under Sections 105, 3(5) of the B.N.S., 2023, P.S. Sector 36, Chandigarh; (ii) FIR No.212 dated 08.10.2024, under Sections 299, 115(2), 3(5) of the B.N.S., 2023, P.S. Sector 36, Chandigarh; and (iii) FIR No.213 dated 08.10.2024, under Sections 74, 351(2) of the B.N.S., 2023, P.S. Sector 36, Chandigarh. DEVINDER YADAV 2025.03.19 17:51 I attest to the accuracy and authenticity of this order/judgment

CWP-33694-2024 2.

Through instituting the instant writ petition, the petitioner prays for issuance of directions upon the official respondents to transfer the investigation of FIR No.211 (supra) to a Special Investigation Team. 3.

In his beseeching the relief (supra), the learned counsel for the petitioner has sketched various reasons in the instant writ petition. One of the reasons is that, despite lapse of considerable time since the date of occurrence, i.e. 07.10.2024, the investigation of the FIR (supra) has not yet been concluded.

4.

Although this Court is not taking cognizance of the allegations enclosed in the instant writ petition with regard to the investigation/investigating officer, however, purely with an intent to maintain the faith of the parties in the system and to ensure transparency in the investigation, this Court, with the concurrence of all the parties, deems it appropriate to direct the Director General of Police, Chandigarh, to constitute a Special Investigation Team, to be headed by an IPS officer, for conducting investigation in respect of all the three FIRs (supra). The functioning of the Special Investigation Team shall be monitored directly by the Director General of Police, Chandigarh. It is expected that the Special Investigation Team would expeditiously conclude the investigation, preferably within four months from today. 5.

Disposed of accordingly.

(KULDEEP TIWARI) March 19, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.03.19 17:51 I attest to the accuracy and authenticity of this order/judgment