CRM-M-60104 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 117 Ali Ahmad State of Haryana and others CORAM: HON'BLE MRS. JUSTICE MANISHA Present:- MANISHA BATRA, J. 1. Section 528 of for issuance of direction to respondents No. 2 and 3 for initiating appropriate legal action by registering an FIR against the accused persons, who had allegedly committed murder of the son of the and also for transferring the investigation of the case to some other independent investigating agency. 2. by Rayam, Hatim and Mohd. Al conspiracy hatched by them. However, the police has not been taking action on the complaint(s) of the petitioner. even Alamgir has given a complaint on 30.10.2024 stating therein that accused Hatim, R 24.10.2024 but still, the police is not taking appropriate action against the 60104-2024 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Ali Ahmad Versus Haryana and others CORAM: HON'BLE MRS. JUSTICE MANISHA Mr. Deepak Verma, Advocate for the petitioner. Ms. Ruchika Sabherwal, Sr. DAG, Punjab. MANISHA BATRA, J. (Oral) The present petition has been filed by the petitioner under 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of direction to respondents No. 2 and 3 for initiating appropriate legal action by registering an FIR against the accused persons, who had allegedly committed murder of the son of the and also for transferring the investigation of the case to some other independent investigating agency. The petitioner is alleging that his son Moh. Tajim had been killed by Rayam, Hatim and Mohd. Alamgir on 24.10.2024 i conspiracy hatched by them. However, the police has not been taking action on the complaint(s) of the petitioner. The petitioner has also submitted that even Alamgir has given a complaint on 30.10.2024 stating therein that accused Hatim, Ryana and their friends had killed son of the petitioner on 24.10.2024 but still, the police is not taking appropriate action against the IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-60104-2024 (O&M) Date of decision : 25.03.2025 ...Petitioner Versus ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Deepak Verma, Advocate Ms. Ruchika Sabherwal, Sr. DAG, Punjab. The present petition has been filed by the petitioner under Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for issuance of direction to respondents No. 2 and 3 for initiating appropriate legal action by registering an FIR against the accused persons, who had allegedly committed murder of the son of the petitioner, namely Moh. Tajim and also for transferring the investigation of the case to some other The petitioner is alleging that his son Moh. Tajim had been killed mgir on 24.10.2024 in pursuance of a conspiracy hatched by them. However, the police has not been taking action The petitioner has also submitted that even Alamgir has given a complaint on 30.10.2024 stating therein that yana and their friends had killed son of the petitioner on 24.10.2024 but still, the police is not taking appropriate action against the -1- 2024 (O&M) Date of decision : 25.03.2025 ...Petitioner ...Respondents The present petition has been filed by the petitioner under (for short ‘BNSS’) for issuance of direction to respondents No. 2 and 3 for initiating appropriate legal action by registering an FIR against the accused persons, who had petitioner, namely Moh. Tajim and also for transferring the investigation of the case to some other The petitioner is alleging that his son Moh. Tajim had been killed n pursuance of a conspiracy hatched by them. However, the police has not been taking action The petitioner has also submitted that even Alamgir has given a complaint on 30.10.2024 stating therein that yana and their friends had killed son of the petitioner on 24.10.2024 but still, the police is not taking appropriate action against the MOHAMMAD WASEEM ANSARI 2025.03.25 16:13 I attest to the accuracy and integrity of this document CRM-M-60104 culprits. Rather, the police is trying to help the accused persons and trying to declare the death of the son of petiti 3. supplementary status report has been filed on behalf of the respondent is submitted therein and learned Senior Deputy Advocate General, Punjab has argued the petitioners had filed detailed inquiry has been conducted by the police other respectable of the society were joined into the inquiry and their statements were recorded. In inquiry, no inc the suspected persons and died an accidental death recorded, wherein he voluntarily submitted that he had given complain 30.10.2024 under the influence of the present petitioner. Thereafter, the petitioner has submitted another complaint on 04.11.2024, expressing his suspicion that his son had been murdered. Although, it was found in earlier inquiry that the son had petitioner, an FIR bearing No. 12 dated 05.01.2025 has been registered under Sections 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 at the concerned police station and the investigation is being ca that a fair and impartial inquiry/investigation pre and post registration of the FIR has been conducted in this matter. The allegations levelled by the petitioner against the police officials are patently wrong and basele 4. and have also gone through the record carefully. 60104-2024 (O&M) culprits. Rather, the police is trying to help the accused persons and trying to declare the death of the son of petitioner as accidental one. A detailed status report has been filed on 17.01.2025. Today, supplementary status report has been filed on behalf of the respondent is submitted therein and learned Senior Deputy Advocate General, Punjab has e petitioners had filed a complaint on 25.10.2024 detailed inquiry has been conducted by the police other respectable of the society were joined into the inquiry and their statements were recorded. In inquiry, no inc the suspected persons and it has been found that the son of the petitioner had died an accidental death. The statement of aforesaid Alamgir has also been recorded, wherein he voluntarily submitted that he had given complain 30.10.2024 under the influence of the present petitioner. Thereafter, the petitioner has submitted another complaint on 04.11.2024, expressing his suspicion that his son had been murdered. Although, it was found in earlier inquiry that the son had died an accidental death, still on the suspicion of the petitioner, an FIR bearing No. 12 dated 05.01.2025 has been registered under Sections 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 at the concerned police station and the investigation is being ca that a fair and impartial inquiry/investigation pre and post registration of the FIR has been conducted in this matter. The allegations levelled by the petitioner against the police officials are patently wrong and basele I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. culprits. Rather, the police is trying to help the accused persons and trying to oner as accidental one. A detailed status report has been filed on 17.01.2025. Today, supplementary status report has been filed on behalf of the respondent-State. It is submitted therein and learned Senior Deputy Advocate General, Punjab has a complaint on 25.10.2024, on which, a detailed inquiry has been conducted by the police. The suspected persons and other respectable of the society were joined into the inquiry and their statements were recorded. In inquiry, no incriminating evidence came against it has been found that the son of the petitioner had tatement of aforesaid Alamgir has also been recorded, wherein he voluntarily submitted that he had given complaint dated 30.10.2024 under the influence of the present petitioner. Thereafter, the petitioner has submitted another complaint on 04.11.2024, expressing his suspicion that his son had been murdered. Although, it was found in earlier died an accidental death, still on the suspicion of the petitioner, an FIR bearing No. 12 dated 05.01.2025 has been registered under Sections 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 at the concerned police station and the investigation is being carried out. It is further submitted that a fair and impartial inquiry/investigation pre and post registration of the FIR has been conducted in this matter. The allegations levelled by the petitioner against the police officials are patently wrong and baseless. I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. -2- culprits. Rather, the police is trying to help the accused persons and trying to A detailed status report has been filed on 17.01.2025. Today, State. It is submitted therein and learned Senior Deputy Advocate General, Punjab has , on which, a . The suspected persons and other respectable of the society were joined into the inquiry and their riminating evidence came against it has been found that the son of the petitioner had tatement of aforesaid Alamgir has also been t dated 30.10.2024 under the influence of the present petitioner. Thereafter, the petitioner has submitted another complaint on 04.11.2024, expressing his suspicion that his son had been murdered. Although, it was found in earlier died an accidental death, still on the suspicion of the petitioner, an FIR bearing No. 12 dated 05.01.2025 has been registered under Sections 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 at the concerned rried out. It is further submitted that a fair and impartial inquiry/investigation pre and post registration of the FIR has been conducted in this matter. The allegations levelled by the I have heard learned counsel for the parties at considerable length MOHAMMAD WASEEM ANSARI 2025.03.25 16:13 I attest to the accuracy and integrity of this document CRM-M-60104 5. status reports, it is apparent that a detailed and thorough inquiry has been conducted into the allegations made by the petitioner. aforesaid FIR has been registered and the inv proper manner. honesty and integrity of the police officials or to hold that the investigation should be transferred to some other investigating agency. order, writ or direction to the Investigating Agency at this juncture of investigation The Apex should not authority cited as wherein Hon’ble Supreme Court, Court rendered in the cases of Supreme Court 866 335 and other decisions on the exercise of inherent powers by the High Court under Section 482 BNSS), has observed that it is important to bear in mind, the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appr accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable apprecia of it accusation would not be sustained. That is the function of the trial Judge. 60104-2024 (O&M) A perusal of the material placed on record including both the status reports, it is apparent that a detailed and thorough inquiry has been conducted into the allegations made by the petitioner. aforesaid FIR has been registered and the inv proper manner. There is nothing on record to either disbelieve the fairness, honesty and integrity of the police officials or to hold that the investigation should be transferred to some other investigating agency. order, writ or direction to the Investigating Agency at this juncture of investigation is not proper. It amounts to unnecessary and illegal interference. The Apex Court in a number of decisions has clearly laid down that the not interfere in investigation. Reliance can be placed upon the authority cited as State of A.P. v. Golconda Linga Swamy (2004) 6 SCC 522 wherein Hon’ble Supreme Court, while considering Court rendered in the cases of R.P. Kapur v. S Supreme Court 866 and State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC and other decisions on the exercise of inherent powers by the High Court under Section 482 of Cr.P.C. (which is pari materia with Section 528 of , has observed that it is important to bear in mind, the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where there is legal evidence which, on appreciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable apprecia of it accusation would not be sustained. That is the function of the trial Judge. A perusal of the material placed on record including both the status reports, it is apparent that a detailed and thorough inquiry has been conducted into the allegations made by the petitioner. More so, now the aforesaid FIR has been registered and the investigation is being conducted in a There is nothing on record to either disbelieve the fairness, honesty and integrity of the police officials or to hold that the investigation should be transferred to some other investigating agency. In this scenario, any order, writ or direction to the Investigating Agency at this juncture of is not proper. It amounts to unnecessary and illegal interference. in a number of decisions has clearly laid down that the C Reliance can be placed upon the State of A.P. v. Golconda Linga Swamy (2004) 6 SCC 522 while considering the decisions of that R.P. Kapur v. State of Punjab AIR 1960 State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC and other decisions on the exercise of inherent powers by the High Court (which is pari materia with Section 528 of , has observed that it is important to bear in mind, the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where eciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable apprecia of it accusation would not be sustained. That is the function of the trial Judge. -3- A perusal of the material placed on record including both the status reports, it is apparent that a detailed and thorough inquiry has been More so, now the estigation is being conducted in a There is nothing on record to either disbelieve the fairness, honesty and integrity of the police officials or to hold that the investigation s scenario, any order, writ or direction to the Investigating Agency at this juncture of is not proper. It amounts to unnecessary and illegal interference. Court Reliance can be placed upon the State of A.P. v. Golconda Linga Swamy (2004) 6 SCC 522, decisions of that tate of Punjab AIR 1960 State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC and other decisions on the exercise of inherent powers by the High Court (which is pari materia with Section 528 of , has observed that it is important to bear in mind, the distinction between a case where there is no legal evidence or where there is evidence which is clearly inconsistent with the accusations made, and a case where eciation, may or may not support the accusations. When exercising jurisdiction under Section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. That is the function of the trial Judge. MOHAMMAD WASEEM ANSARI 2025.03.25 16:13 I attest to the accuracy and integrity of this document CRM-M-60104 Judicial process, no doubt should not be an instrument of oppression, or, needless harassment. Court should be circumspect and judicious in exercising discretion and sho consideration before issuing process, lest it would be an instrument in the hands of a private complainant to unleash vendetta to needlessly. T Cr.P.C. are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercis the High Court being the highest from giving a incomplete and hazy, more so when the evidence ha produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Reliance in this regard can also be placed upon v. H.S. Chowdhary : (1992) 4 SCC 305 Bihar AIR 1964 Supreme Court 1. 6. judgments, it is apparent that this Court should refrain from interfering in the matter as stated that matter and pending. This Court cannot apprec while deciding a petition filed under Section 60104-2024 (O&M) Judicial process, no doubt should not be an instrument of oppression, or, needless harassment. Court should be circumspect and judicious in exercising discretion and should take all relevant facts and circumstances into consideration before issuing process, lest it would be an instrument in the hands of a private complainant to unleash vendetta to needlessly. The powers possessed by the High Court under are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. It was also held that the High Court being the highest Court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence ha produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Reliance in this regard can also be placed upon .S. Chowdhary : (1992) 4 SCC 305 and Bihar AIR 1964 Supreme Court 1. On applying the ratio of law as laid down in the aforecited judgments, it is apparent that this Court should refrain from interfering in the it is still under investigation. At the cost of repetition, it may be stated that the investigating agency had conducted a thorough matter and now an FIR has been registered, investigation of which is still This Court cannot appreciate the allegations or evidence at this stage while deciding a petition filed under Section Judicial process, no doubt should not be an instrument of oppression, or, needless harassment. Court should be circumspect and judicious in exercising uld take all relevant facts and circumstances into consideration before issuing process, lest it would be an instrument in the hands of a private complainant to unleash vendetta to harass any person he powers possessed by the High Court under Section 482 of are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power ed to stifle a legitimate prosecution. It was also held that ourt of a State should normally refrain decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Reliance in this regard can also be placed upon Janata Dal and Raghubir Saran (Dr.) v. State of On applying the ratio of law as laid down in the aforecited judgments, it is apparent that this Court should refrain from interfering in the At the cost of repetition, it may be the investigating agency had conducted a thorough inquiry in the now an FIR has been registered, investigation of which is still iate the allegations or evidence at this stage while deciding a petition filed under Section 528 of BNSS as it is not a case -4- Judicial process, no doubt should not be an instrument of oppression, or, needless harassment. Court should be circumspect and judicious in exercising uld take all relevant facts and circumstances into consideration before issuing process, lest it would be an instrument in the harass any person 482 of are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power ed to stifle a legitimate prosecution. It was also held that ourt of a State should normally refrain decision in a case where the entire facts are s not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without Janata Dal Raghubir Saran (Dr.) v. State of On applying the ratio of law as laid down in the aforecited judgments, it is apparent that this Court should refrain from interfering in the At the cost of repetition, it may be in the now an FIR has been registered, investigation of which is still iate the allegations or evidence at this stage as it is not a case MOHAMMAD WASEEM ANSARI 2025.03.25 16:13 I attest to the accuracy and integrity of this document CRM-M-60104 where the statutory provisions can be stated to have been violated. Even otherwise, the petitioner has ample remedy available in law the police has wrongly exonerated any accused or has not invoked any specific provision of law against th discussion as made above, finding no merit in the present p dismissed. investigation in accordance with law. 25.03.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 60104-2024 (O&M) where the statutory provisions can be stated to have been violated. Even otherwise, the petitioner has ample remedy available in law the police has wrongly exonerated any accused or has not invoked any specific provision of law against the accused persons discussion as made above, finding no merit in the present p dismissed. The Investigating Agency may proceed further with the investigation in accordance with law. 25.03.2025 Whether speaking/reasoned Whether reportable where the statutory provisions can be stated to have been violated. Even otherwise, the petitioner has ample remedy available in law if he thinks that the police has wrongly exonerated any accused or has not invoked any e accused persons. In view of the discussion as made above, finding no merit in the present petition, the same is The Investigating Agency may proceed further with the (MANISHA BATRA) JUDGE Yes Yes -5- where the statutory provisions can be stated to have been violated. Even if he thinks that the police has wrongly exonerated any accused or has not invoked any In view of the etition, the same is The Investigating Agency may proceed further with the MOHAMMAD WASEEM ANSARI 2025.03.25 16:13 I attest to the accuracy and integrity of this document