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2025 DAILYLAW 41676 (PNJ)

JAGAN NATH AND OTHERS v. STATE OF PUNJAB AND OTHERS

CRWP/3358/2025 · 2025-04-05

Sandeep Moudgil

body2025

Judgment text

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108 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-3358-2025 DECIDED ON: 05.04.2025 JAGAN NATH AND OTHERS .....PETITIONERS VERSUS STATE OF PUNJAB AND OTHERS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. J.K. Singla, Advocate and Ms. Suman Rani, Advocate for the petitioners. Mr. Jaspal Singh Guru, AAG Punjab SANDEEP MOUDGIL, J (ORAL) This is Criminal Writ Petition under Articles 226/227 of Constitution of India for issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction for directing respondent No.2 to safeguard lives & personal liberty of the petitioners and their family members from the hands of official respondents Nos.3 & 4 being their lives are under fully apprehension and serious threats of false implication in any false case in unlawful manners as continuously harassing, torturing and pressurizing petitioners under the garb of investigation for 4th time on application moved by respondent No.5 by calling in Police Station again and again instead of considering the detailed Reply/Version submitted by petitioners on dated 06.02.2025 (Annexure P-10) as well as while ignoring earlier number of Inquiry Reports dated 24.11.2023 (Annexure P- 4), 03.07.2024 (Annexure P- Anuradha 6) and 18.10.2024 (Annexure P-8) on similar application/allegations moved 2025.04.06 23:56 I attest to the accuracy and integrity of this document CRWP-3358-2025 -2- by the respondent No.5 and further respondents Nos.3 & 4 be restrained from interfering and threatening petitioners under the garb of false, frivolous and baseless application (if any) and also be restrained from calling and conducting any investigation without supplying copy of application to the petitioners as well as keeping in view of standing instructions issued by the Director General of Police, Punjab vide Diary No.137-233/PA/DGP dated 01.04.2008 that second enquiry cannot be conducted into the same complaint or cause without his approval or approval of Punjab Government and therefore, present petition filed by petitioners may kindly be allowed by declaring the entire act, action and approach of respondents Nos.3 to 5 as illegal, arbitrary, without jurisdiction and not warranted by law as well as totally abuse and misuse process of law, in the interest of justice. After arguing for some time, learned counsel for the petitioners prays for withdrawal of the present petition with liberty to take alternate remedies as per law. Prayer is accepted. Dismissed as withdrawn with liberty aforesaid. (SANDEEP MOUDGIL) 05.04.2025 JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No Anuradha 2025.04.06 23:56 I attest to the accuracy and integrity of this document