High Court of Punjab and HaryanaCRM-M/72909/2025disposed of

Deepak And ORS v. State Of Haryana And ORS

2025-12-23Mr. Justice Vinod S. Bhardwaj8 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-72909-2025 (O&M) Date of decision: 23.12.2025

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

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Keeping in view the aforesaid facts, the present petition is hereby disposed of with a direction to the respondent No.3 to decide the representation of the petitioner (Annexure P7), by passing a speaking order within a period of 15 days from the date of receipt of copy of instant order. It is however clarified that no finding is being returned, by this Court, with regard to merits of the contents of representation. The

respondent No.3 shall be at liberty to make an independent assessment with regard to contents of representation of the petitioners and make an independent decision at his own level@ 7 :

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"A report was received from the Deputy Commissioner of Police, Panchkula, after obtaining inputs from the concerned officials, which was examined along with the updated status of the FIR. As per the record, accused persons namely Nonu and Vikas were arrested during the investigation and weapons used in the commission of the offence i.e. sword and wooden bat were recovered at their instance. These accused persons were released on bail by the Investigating Officer in compliance with the guidelines laid down by the Hon'ble Supreme Court in Amesh Kumar vs. State of Bihar, after joining them in the investigation. Subsequently, accused Somesh, Gautam and Akash @Vishal were also arrested and the weapons allegedly used by them were taken into police possession. They too were released on bail as per the mandate of the Amesh Kumar directions.

During investigation, upon receipt of the X-Ray report of injured Vivek, a fracture was detected and Section 117(2) BNS was accordingly Invoked. The Investigating Officer thereafter sought medical opinion on 01.10.2025 regarding the injuries of all'injured persons and as per the medical opinion, the injuries of Vivek were opined to be grievous and caused by a blunt weapon. No incriminating material surfaced against Rajpal and

Montu, whose involvement in the occurrence was not established during the investigation. The persons namely Rajpal and Montu were found innocent by SHO, Police Station MDC, Panchkula.

After completion of the investigation, the final report was prepared against accused persons Nonu, Vikas, Somesh, Gautam and Akash Vishal and submitted before the learned Illaqa Magistrate for judicial consideration. From the information available on the e-Courts portal, it is observed that the case is presently listed for 07.02.2026 for consideration on the framing of charge, as per the order dated 15.11.2025 passed by the trial court.

With respect to the allegations levelled against SI Jasbir Singh regarding alleged dereliction of duty, an enquiry was conducted by the ACP, Kalka. As per his report dated 09.10.2025, no material or evidence was found to substantiate the allegations against the IO. He recommended filing of the enquiry, which has already been accepted and filed by the authority.

With regard to the request for protection of life and liberty, the report indicates that no specific threat perception has been reported or found at this stage. However, regular patrolling is being conducted in the area by the police. It is also

stated that in the event any threat perception arises-in-future, appropriate legal action shall be taken promptly as per law. In view of the above facts, the material placed on record, the medical opinion obtained during investigation, the addition of appropriate penal provisions, the submission of the final report before the competent court and the enquiry conducted by the ACP, Kalka regarding the allegations against the Investigating Officer, it appears that the grievances raised by the petitioner in the representation stand addressed. The investigation has finalized in the filing of the final report and the matter is now sub-judice before the trial court for judicial verdict. Accordingly, it appears justified that no further intervention at this stage is warranted on the issues raised in the representation.

However, keeping in view the directions of the Hon'ble High Court and the obligation of the Police Department to ensure the protection of life and liberty of every individual, it is hereby directed that the Station House Officer, Police Station Mansa Devi Complex, Panchkula, shall continue to keep a close watch over the situation. In the event that any information or material suggestive of a threat to the petitioner comes to notice, immediate preventive measures and appropriate legal action shall be taken without any delay to ensure the safety and security of the petitioner and other concerned persons."

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% 4 (VINOD S. BHARDWAJ) 23.12.2025 JUDGE Mangal Singh

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