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2025 DAILYLAW 101512 (PNJ)

SHAMSHER SINGH AND ANOTHER v. STATE OF HARYANA AND OTHERS

CRM-M/55721/2024 · 2025-08-11

Amarjot Bhatti

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Judgment text

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CRM-M-55721-2024 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 124 CRM-M-55721-2024 (O&M) Decided on:- 11.08.2025 Shamsher Singh and another ....Petitioners Versus State of Haryana and others ....Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. S.S. Sandhu, Advocate for Mr. Ranjan Lakhanpal, Advocate for the petitioners. Ms. Aditi Girdhar, AAG, Haryana. * * * * * AMARJOT BHATTI, J.(Oral) 1. Petitioners Shamsher Singh and Bharat Singh have filed petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking direction to official respondents to stop harassment of petitioners as they are being called to police station time and again on the pretext of inquiry by respondents No. 3 to 6 in FIR No. 94 dated 09.05.2014 (Annexure P-1) under Section 306 of IPC registered at Police Station Garhi, District Jind, Haryana. 2. It is submitted that as per contents of aforesaid FIR, Santro Devi committed suicide on 09.05.2014 on account of harassment caused to her by villagers and other persons. No proper investigation was carried out. There is a prayer for proper investigation of FIR by constituting Special Investigating Team or some other independent agency to unearth the truth. In this connection, present petitioners are facing continuous harassment, as a result present petition has been filed. LALIT SHARMA 2025.08.18 10:51 I attest to the accuracy and integrity of this document CRM-M-55721-2024 (O&M) -2- 3. Status report has been filed twice. It is submitted that on 09.05.2014, Sub Inspector Sombir Dhaka, SHO of Police Station Garhi received telephonic information from Bharat Singh – petitioner No. 2 that his sister Santro Devi was lying in street in front of her house in unconscious condition and had expired. SI Sombir Dhaka alongwith police party reached on the spot. Proper investigation was carried out and FIR No. 94 dated 09.05.2014 was registered under Section 306 of IPC at Police Station Garhi (Annexure P-1). Perusal of suicide note recovered from Santro Devi shows that she had levelled allegations against private persons particularly accused in FIR No. 86 dated 21.04.2013 under Section 354, 294, 452, 34 IPC registered at Police Station Garhi. Investigation was initiated. Dead body was sent for postmortem examination and viscera was also sent to Forensic Science Laboratory, Madhuban for chemical examination. During investigation, it came into light that deceased was illiterate and she was unable to read or write the contents of dying declarations in the form of applications and only put her thumb impression on those pre-written applications/suicide note. During investigation, no incriminating evidence surfaced against persons mentioned in suicide note. In status report, there is reference of other FIRs registered against Bharat Singh – petitioner No. 2. Whereas, there is no case against Shamsher Singh – petitioner No. 1. It is pointed out that in order to conduct fair and impartial investigation, Superintendent of Police, Jind on superannuation of SI Hari Krishan vide order dated 20.11.2024 reconstituted Special Investigating Team and finally untrace report was filed. Considering the aforesaid factual position, matter is being inquired which finally resulted into presentation of cancellation report. In LALIT SHARMA 2025.08.18 10:51 I attest to the accuracy and integrity of this document CRM-M-55721-2024 (O&M) -3- case petitioners have any grievance to cancellation report in FIR No. 94 dated 09.05.2014 (Annexure P-1) (supra), they have legal remedy to file protest petition and to contest the same. In case, petitioners have any threat perception, they can approach official respondents No. 3 and 4, who are directed to consider and take appropriate steps, if any as required. No further direction is required. Petition filed by petitioners is accordingly, disposed of. 4. Pending application(s), if any, also stands disposed of accordingly. 11.08.2025 (AMARJOT BHATTI) lalit JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No LALIT SHARMA 2025.08.18 10:51 I attest to the accuracy and integrity of this document