COCP-2423 IN THE HI 206 Kulwant Sin Sh. Gaurav Y CORAM: H Present: - NIDHI GUP 1. violation of co-ordinate State of Punj 2423-2022 -1- E HIGH COURT OF PUNJAB AND H COCP Date o nt Singh Versus urav Yadav, DGP, Punjab M: HON'BLE MS. JUSTICE NIDH Mr. Subhash Kumar, Advocate Mr. Deepender Singh, Senior A Additional Advocate General Pu Mr. Amtiaz Sandhu, AAG, Pun I GUPTA, J. (ORAL) The present contempt petitio on of order dated 12.01.2022 (A inate Bench in CRM-M-16328-2021 f Punjab and others’, whereby it was d “xxx xxx 7. The limited prayer a dis just and fair investigation. A transferring the investigation different, certainly investigati different specialized wing of t State of Punjab. The contents t this Court are in para 18 of hereunder: - …“18.That the petitione complainant of this ca Banta real brother of t asked to produce the e evidence and clues again alleged accused so that out in a proper manner present case may be con investigating agency to innocent persons.” 8. A perusal of the above s of doing their job, the in ND HARYANA AT CHANDIGARH COCP-2423-2022 Date of Decision: 05.03.2026 .… Petitioner .... Respondents NIDHI GUPTA ocate for the petitioner. nior Advocate eral Punjab with , Punjab. petition has been filed alleging 2 (Annexure P-8) passed by a 2021 titled as ‘Kulwant Singh vs. t was directed as follows:- xxx disillusioned father is seeking is n. Although the parameters for ation to Central Agency are igation can be transferred to a of the police department of the nts that pricked the conscience of of the reply, which is extracted tioner Kulwant Singh as well as case i.e. Balwant Singh alias of the petitioner may kindly be he evidence, witnesses, technical gainst the suspects or against the that investigation may be carried nner so that investigation of the e concluded. It is the duty of the to book the real culprits not the ve said para reveals that instead e investigator now wants the ging y a vs. is for re a he of ed as ias be al he ed he he he ad he RISHU KATARIA 2026.03.07 13:01 I attest to the accuracy and authenticity of this order/judgment. COCP-2423 2. respondent t P-8), the inv vide order therefore, present conte 3. submission petitioner in four persons Singh S/o Mandar Sing carried out a matter at all properly carr 4. submissions Bureau of In 04 persons Singh, Kaur 2423-2022 -2- complainants to do the investig the state of affairs, then wha investigators. It shows that the have some element of truth in th 9. Given the above, this Co further. Suffice it to say that th of the State of Punjab shall tran competent and sensitive investi from today. 10. Petition is allowed in the At the very outset, it is submitt dent that in compliance of the order the investigation stood transferred to order dated 31.01.2022 (Annexure as the order stands complied w t contempt petition. Learned counsel for the petitio ssion of learned counsel for the resp ner in his complaint dated 03.05.201 ersons, namely; (i) Gurtej Singh s/o La S/o Bhaira Singh; (iii) Kaur Singh ar Singh S/o Joginder Singh. Howeve out against one Akashdeep Singh, at all. It is further submitted that th ly carried out by respondents. Learned counsel for the respo ssions of the learned counsel for the u of Investigation had carried out inve rsons accused by the petitioner nam , Kaur Singh and Mandar Singh. A estigation at their level. If this is what is the need to appoint the t the petitioner's allegations may in them. s Court refrains from commenting at the Director-General of Police transfer the investigation to some vestigation wing within two weeks the terms mentioned above.” ubmitted by learned counsel for the order dated 12.01.2022 (Annexure red to the Bureau of Investigation, exure R-1). It is submitted that lied with. Nothing survives in the petitioner vehemently opposes the e respondent and submits that the 5.2018 (Annexure P-4) had named s/o Lachhman Singh; (ii) Arshdeep Singh S/o Jangir Singh; and (iv) owever, the investigation has been ingh, who was not involved in the that the investigation has not been respondents controverts the above or the petitioner and submits that t investigation against the aforesaid namely, Gurtej Singh, Arshdeep . A Polygraph Test was also is he ay ng ce me ks r the xure tion, that the the the med eep (iv) een the een ove that said eep also RISHU KATARIA 2026.03.07 13:01 I attest to the accuracy and authenticity of this order/judgment. COCP-2423 conducted up not involved case of the course of i Akashdeep challan was the learned Sahib, who charges; and Further, it is the petitione satisfied. Ho 5. 6. recorded her present petit 7. 8. 05.03.2026 rishu 2423-2022 -3- cted upon them, and it was found that volved in the kidnapping of the son o f the petitioner was based on circum of investigation, the Bureau of I deep Singh involved in the inciden n was presented against him; thereaft arned Principal Magistrate, Juvenile who had found the said Arshdeep S s; and acquitted him vide judgment o r, it is submitted that in any event, th titioner to seek further investigation ed. However, no contempt is made out Heard. In view of the submissions o ed here-in-above, no further direction t petition; and same stands dismissed, Rule stands discharged. Pending application(s), if any, s 2026 Whether speaking/reasoned Whether Reportable d that the said accused persons were son of the petitioner; and that the circumstantial evidence. During the of Investigation had found one incident in question. Accordingly, ereafter the trial was conducted by venile Justice Board, Sri Muktsar deep Singh to be not guilty of all ment of acquittal dated 28.05.2025. ent, the alternative remedy lies with igation in the matter if, he is dis- de out. ions of learned State Counsel as ection is required to be passed in the issed, accordingly. any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE ned Yes/No Yes/No t the the gly, d by tsar f all with l as the RISHU KATARIA 2026.03.07 13:01 I attest to the accuracy and authenticity of this order/judgment.