CRM-M-15183 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 128 Aakash Malik State of Haryana and others CORAM: HON'BLE MRS. Present:- MANISHA BATRA, J. 1. Section 528 read with Section 447 of 2023 seeking transfer of investigation of case arising out of FIR No. 26 dated 25.01.2025, registered under Section 25 of the Arms Act, 1959 and Sections 103(1), 109(1), 190 and 191(3) of Bha Station Naraingarh, District Ambala 2. brother of the petitioner, namely Vicky Malik, has been falsely implicated in the aforesaid case and is in custody since 06.02.2025. It is further submitted that the alleged victim namely Harbilas Bar Association Naraingarh and due to a resolution passed by the Association, of his brother. Hence, it is urged that the investigation of the case transferred to the State of Punjab. 15183-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Aakash Malik Versus Haryana and others CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Vikram Satpal Anand, Advocate for the petitioner. Mr. Arun Kumar Singla, AAG, Haryana. MANISHA BATRA, J. (Oral) The present petition has been filed by the petitioner under 528 read with Section 447 of Bharatiya Nagarik Suraksha Sanhita, 3 seeking transfer of investigation of case arising out of FIR No. 26 dated 25.01.2025, registered under Section 25 of the Arms Act, 1959 and Sections 103(1), 109(1), 190 and 191(3) of Bharatiya Nyaya Sanhita, 2023 at Police Station Naraingarh, District Ambala to the State of Punjab. Learned counsel for the petitioner has submitted that elder brother of the petitioner, namely Vicky Malik, has been falsely implicated in the aforesaid case and is in custody since 06.02.2025. It is further submitted that the alleged victim namely Harbilas was an advocate and member of the Bar Association Naraingarh and due to a resolution passed by the Association, the petitioner could not engage any advocate of his brother. Hence, it is urged that the investigation of the case transferred to the State of Punjab. IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-15183-2025 (O&M) Date of decision : 20.03.2025 ...Petitioner Versus ...Respondent JUSTICE MANISHA BATRA Vikram Satpal Anand, Advocate Mr. Arun Kumar Singla, AAG, Haryana. The present petition has been filed by the petitioner under Bharatiya Nagarik Suraksha Sanhita, 3 seeking transfer of investigation of case arising out of FIR No. 26 dated 25.01.2025, registered under Section 25 of the Arms Act, 1959 and Sections ratiya Nyaya Sanhita, 2023 at Police to the State of Punjab. Learned counsel for the petitioner has submitted that elder brother of the petitioner, namely Vicky Malik, has been falsely implicated in the aforesaid case and is in custody since 06.02.2025. It is further submitted was an advocate and member of the Bar Association Naraingarh and due to a resolution passed by the said could not engage any advocate to defend the case of his brother. Hence, it is urged that the investigation of the case -1- 2025 (O&M) ate of decision : 20.03.2025 ...Petitioner ...Respondents The present petition has been filed by the petitioner under Bharatiya Nagarik Suraksha Sanhita, 3 seeking transfer of investigation of case arising out of FIR No. 26 dated 25.01.2025, registered under Section 25 of the Arms Act, 1959 and Sections ratiya Nyaya Sanhita, 2023 at Police Learned counsel for the petitioner has submitted that elder brother of the petitioner, namely Vicky Malik, has been falsely implicated in the aforesaid case and is in custody since 06.02.2025. It is further submitted was an advocate and member of the said Bar to defend the case of his brother. Hence, it is urged that the investigation of the case be MOHAMMAD WASEEM ANSARI 2025.03.24 09:10 I attest to the accuracy and integrity of this document CRM-M-15183 3. and is ready to argue the matter, has submitted that the investigation in the present case is being conducted in a fair and impartial manner by the po and in view thereof, no case has been made out to transfer the same to any other State. 4. and have also gone through the record carefully. 5. investigation of the aforesaid case is that due to some resolution passed by the local Bar Association, he is not able to hire any lawyer for defending the case of his brother, who has been arraigned as an accused in the sai custody since 06.02.2025. investigation is not being conducted properly or the same lacks fairness or impartiality. with regard to transfer of the investigation to any other place. present petition is dismissed. brother of the petitioner is concerned, the same is to be seen by the Court concerned when it is approach case during trial. 20.03.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 15183-2025 (O&M) Learned State counsel, who has advance notice of the petition and is ready to argue the matter, has submitted that the investigation in the present case is being conducted in a fair and impartial manner by the po and in view thereof, no case has been made out to transfer the same to any other State. I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. The only ground taken by the investigation of the aforesaid case is that due to some resolution passed by the local Bar Association, he is not able to hire any lawyer for defending the case of his brother, who has been arraigned as an accused in the sai custody since 06.02.2025. It is not the case of the petitioner that either the investigation is not being conducted properly or the same lacks fairness or impartiality. Hence, no ground has been made out for issuing any direction rd to transfer of the investigation to any other place. present petition is dismissed. So far as the availability of legal aid to the brother of the petitioner is concerned, the same is to be seen by the Court concerned when it is approached either for grant of bail or for defending his case during trial. 20.03.2025 Whether speaking/reasoned Whether reportable Learned State counsel, who has advance notice of the petition and is ready to argue the matter, has submitted that the investigation in the present case is being conducted in a fair and impartial manner by the po and in view thereof, no case has been made out to transfer the same to any I have heard learned counsel for the parties at considerable length and have also gone through the record carefully. The only ground taken by the petitioner for transferring the investigation of the aforesaid case is that due to some resolution passed by the local Bar Association, he is not able to hire any lawyer for defending the case of his brother, who has been arraigned as an accused in the said case and is in It is not the case of the petitioner that either the investigation is not being conducted properly or the same lacks fairness or Hence, no ground has been made out for issuing any direction rd to transfer of the investigation to any other place. Accordingly, the So far as the availability of legal aid to the brother of the petitioner is concerned, the same is to be seen by the Court ed either for grant of bail or for defending his (MANISHA BATRA) JUDGE Yes/No Yes/No -2- Learned State counsel, who has advance notice of the petition and is ready to argue the matter, has submitted that the investigation in the present case is being conducted in a fair and impartial manner by the police and in view thereof, no case has been made out to transfer the same to any I have heard learned counsel for the parties at considerable length petitioner for transferring the investigation of the aforesaid case is that due to some resolution passed by the local Bar Association, he is not able to hire any lawyer for defending the case d case and is in It is not the case of the petitioner that either the investigation is not being conducted properly or the same lacks fairness or Hence, no ground has been made out for issuing any direction Accordingly, the So far as the availability of legal aid to the brother of the petitioner is concerned, the same is to be seen by the Court ed either for grant of bail or for defending his MOHAMMAD WASEEM ANSARI 2025.03.24 09:10 I attest to the accuracy and integrity of this document