ASHWANI KUMAR AND ORS v. STATE OF PUNJAB AND OTHERS
CRM-M/49487/2021 · 2026-08-27
Jasjit Singh Bedi
body2021
DailyLaw.ai
[ 2021 DAILYLAW 2582 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2021 DAILYLAW 2582 (PNJ) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-49487-2021 (O&M) Date of Decision: 27.08.2026 ASHWANI KUMAR AND ORS
... Petitioner(s) Versus STATE OF PUNJAB AND OTHERS ...Respondent(s) CRM-M-25241-2022 (O&M) Date of Decision: 27.08.2026 ASHWANI KUMAR AND ORS
... Petitioner(s) Versus STATE OF PUNJAB AND OTHERS ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Inderjit Sharma, Advocate for the petitioner(s). Mr. Munish Puri, Advocate for petitioner No.2. Mr. I.P.S. Sabarwal, Sr. DAG, Punjab. Mr. Ajay Pal Singh, Advocate with Mr. A.S. Manaise, Advocate for the complainant.
**** JASJIT SINGH BEDI, J. (Oral) The prayer in the petition (CRM-M-49487-2021) under Section 482 Cr.P.C. read with Article 21 of the Constitution of India is for summoning of the records in FIR No.05 dated 09.01.2021 registered at Police Station Sujanpur, District Pathankot and quash constitution and proceedings of 2nd Special Investigation Team to carry out re-investigation in the aforesaid FIR and submission of the Challan/Final Report dated 06.04.2021 in the Court of Ld. Illaqa Magistrate, Pathankot and passing of the committment order dated 11.10.2021 by the learned Magistrate, Pathankot inasmuch as ,the process followed by the respondents without VISHAL SETHI 2026.08.27 17:42 I attest to the accuracy and integrity of this document
CRM-M-49487-2021 (O&M) -2- seeking permission of the concerned learned Illaqa Magistrate and re- investigation is in violation of law and the directions rendered by this Court in CRM-M-16013 of 2020 titled as “Pankaj Kumar @ Panki Versus State of Punjab and others”. The prayer in the petition (CRM-M-25241-2022) under Section 482 Cr.P.C. read with Article 21 of the Constitution of India is for quashing of re-investigation reports dated 13.10.2021 (Annexure P-4) and 21.02.2022 (Annexure P-5) submitted by 2nd Special Investigation Team in FIR No.05 dated 09.01.2021 registered under Sections 324, 323, 336, 427, 148, 149 IPC and Sections 25 & 27 of Arms Act, 1959 at Police Station Sujanpur, District Pathankot inasmuch as ,the said re-investigation report is without the prior permission of the concerned learned Illaqa Magistrate and is in violation of law and the directions rendered by this Court in CRM-M-16013 of 2020 titled as “Pankaj Kumar @ Panki Versus State of Punjab and others”. The learned counsels for the petitioners state that the in view of the fact that a supplementary challan already stands filed on the basis of the Special Investigation Team constituted during the course of the hearing of a bail application of a co-accused namely Gurdev Singh, the present petitions have been rendered infructuous. He prays that the petitioners be granted liberty to pursue CRM-M-24472-2025.
Disposed of with the liberty aforesaid. All the pending miscellaneous applications, if any, stand
disposed of. A photocopy of this order be placed on the file of connected case.
(JASJIT SINGH BEDI) JUDGE August 27, 2026 vishal Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No VISHAL SETHI 2026.08.27 17:42 I attest to the accuracy and integrity of this document