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2025 DAILYLAW 100679 (PNJ)

PURAN CHAND BAJAJ v. STATE OF HARYANA AND ORS

CRM-M/54654/2024 · 2025-05-07

Harpreet Singh Brar

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Judgment text

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268 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-54654-2024 Date of decision: 07.05.2025 Puran Chand Bajaj ....Petitioner Versus State of Haryana and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Gursimran Singh Josson, Advocate for the petitioner. Mr. Ramesh Kumar Ambavta, AAG, Haryana. HARPREET SINGH BRAR, J. (ORAL) The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of direction to the official respondents to take lawful action upon the representation dated 10.09.2024 (Annexure P-9) submitted by the petitioner. On 05.11.2024, the following order was passed:- ‘Petitioner Puran Chand Bajaj has filed petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of direction to official respondents to take lawful action on representation dated 10.09.2024 (Annexure P-9) submitted by petitioner to higher officials i.e. respondent Nos. 1 and 2 for taking legal action against respondent Nos. 4 to 7. Learned counsel for petitioner pointed out that during the course of investigation of FIR No. 459 dated 08.09.2016 under Sections 147/149/447 of IPC, registered at Police Station Sadar, District Fatehabad, Investigating Officer HC Vinod Kumar – respondent No. 4 recorded statements of Hazura Ram dated 08.09.2016 (Annexure P-1), Hari Chand dated 08.09.2016 (Annexure P-2) who had already expired long time back. Death Certificate of Hazura Ram is Annexure P-3, according to which he expired on 17.01.2000, whereas as per Death Certificate of Hari Chand (Annexure P-4), he expired on 20.05.2007. It is further pointed out that despite given representation (Annexure P-7), report (Annexure P-8) dated 29.04.2023, it was mentioned that there was no fault found in investigation carried out by HC Vinod Kumar. Notice of motion to official respondents No. 1 to 3 as well as respondent No. 4 only. On asking of this Court, Mr. Rupinder Singh Jhand, Addl. AG Haryana accepts notice on behalf of official respondents No. 1 to 3. Considering the aforesaid factual position, status report is Neha 2025.05.09 11:18 I attest to the accuracy and integrity of this document CRM-M-54654-2024 -2- required to be filed qua HC Vinod Kumar – respondent No. 4, who had recorded statements of aforesaid witnesses under Section 161 Cr.P.C. Adjourned to 20.01.2025, for filing status report.’ On 20.01.2025, this Court has directed the State to intimate the outcome of the disciplinary proceedings initiated against respondent No.4. The learned State counsel has produced the action taken report and refers to Annexure R-1 and submits that departmental enquiry has been proceeded against respondent No.4 and punishment of stoppage of one annual increment has been imposed upon him. He further submits that grievance raised by the petitioner in the present petition has been substantially redressed. In view of the stand taken by the learned State counsel and the reply filed, no further directions are required to be passed. The present petition is disposed of accordingly. However, the petitioner would be at liberty to pursue his remedy in accordance with law, if any grievance still subsists. (HARPREET SINGH BRAR) JUDGE 07.05.2025 Neha Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Neha 2025.05.09 11:18 I attest to the accuracy and integrity of this document