CRM-M-21992 IN THE HIGH COURT OF PUNJAB AND HARYANA 123 Naveen Kumar State of Haryana and Coram : Present: Rajesh Bhardwaj, J. 1. BNSS, 2023 is for issuance of directions to the official respondents to conduct fair investigation and inquiry in FIR No.144 dated 27.05.2022, registered under Sections 506 IPC and Sections 3(1)(C) of the SC & ST Act, at Po Civil Lines, Jind, District Jind. Prayer has also been made to constitute the Special Investigation Team to conduct investigation in the said FIR. 2. petitioner had filed a complaint Commission of Scheduled Caste and Scheduled Tribe at Delhi, on the basis of which FIR in question had been registered. After completion of investigation, the challan was its order dated conducted as per contents of the complaint and hence, while invoking its jurisdiction under Section 173(8) of the Cr.P.C., directed the investigating agency to further investigate the matter challan was submitted on 21.01.2025. It is submitted that even after further 21992-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Naveen Kumar Versus State of Haryana and others Hon’ble Mr. Justice Rajesh Bhardwaj Mr. Deepak Vashishth, Advocate, for the petitioner. **** Rajesh Bhardwaj, J. Prayer in the present petition, filed under Section 482 of the BNSS, 2023 is for issuance of directions to the official respondents to conduct fair investigation and inquiry in FIR No.144 dated 27.05.2022, registered under Sections 506 IPC and Sections 3(1)(C) of the SC & ST Act, at Po Civil Lines, Jind, District Jind. Prayer has also been made to constitute the Special Investigation Team to conduct investigation in the said FIR. Learned counsel for the petitioner has contended that the petitioner had filed a complaint on 04.05.2022 before the Chairman, National Commission of Scheduled Caste and Scheduled Tribe at Delhi, on the basis of which FIR in question had been registered. After completion of investigation, the challan was submitted on 05.08.2022, however, the le its order dated 28.10.2024, observed that the investigation has not been conducted as per contents of the complaint and hence, while invoking its jurisdiction under Section 173(8) of the Cr.P.C., directed the investigating further investigate the matter. He submits that thereafter, challan was submitted on 21.01.2025. It is submitted that even after further - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-21992-2025 Decided on:12.05.2025 ...Petitioner ...Respondents Hon’ble Mr. Justice Rajesh Bhardwaj Deepak Vashishth, Advocate, , filed under Section 482 of the BNSS, 2023 is for issuance of directions to the official respondents to conduct fair investigation and inquiry in FIR No.144 dated 27.05.2022, registered under Sections 506 IPC and Sections 3(1)(C) of the SC & ST Act, at Police Station Civil Lines, Jind, District Jind. Prayer has also been made to constitute the Special Investigation Team to conduct investigation in the said FIR. Learned counsel for the petitioner has contended that the on 04.05.2022 before the Chairman, National Commission of Scheduled Caste and Scheduled Tribe at Delhi, on the basis of which FIR in question had been registered. After completion of investigation, on 05.08.2022, however, the learned trial Court, vide observed that the investigation has not been conducted as per contents of the complaint and hence, while invoking its jurisdiction under Section 173(8) of the Cr.P.C., directed the investigating . He submits that thereafter, the fresh challan was submitted on 21.01.2025. It is submitted that even after further ...Petitioner ...Respondents , filed under Section 482 of the BNSS, 2023 is for issuance of directions to the official respondents to conduct fair investigation and inquiry in FIR No.144 dated 27.05.2022, registered under lice Station Civil Lines, Jind, District Jind. Prayer has also been made to constitute the Learned counsel for the petitioner has contended that the on 04.05.2022 before the Chairman, National Commission of Scheduled Caste and Scheduled Tribe at Delhi, on the basis of which FIR in question had been registered. After completion of investigation, , vide observed that the investigation has not been conducted as per contents of the complaint and hence, while invoking its jurisdiction under Section 173(8) of the Cr.P.C., directed the investigating the fresh challan was submitted on 21.01.2025. It is submitted that even after further VINOD KUMAR 2025.05.27 13:49 I attest to the accuracy and integrity of this document CRM-M-21992 investigation, the investigating agency did not investigate the case as per the allegations made in the co specific allegations made by the petitioner regarding conduct of the accused but the same has not been investigated investigating agency is hand in glove with the accused and, t investigate the FIR in a fair manner. He, thus, prayed for constitution of a Special Investigating Team 3. 4. accepted notice and opposed the submissions made by the learned counsel for the petitioner. He has submitted that after carrying out further investigation in accordance with law, as ordered by the learned trial C challan has also been filed and the case is Court for consideration 5. available record, it is deciphered that the petitioner is a pub got the FIR lodged were regarding harassment related remarks had had directed the investigating agency the supplementary challan and the same has been filed. Thus, it is clear that the trial Court has already taken cognizance of the case and once the supplementary challan has Court. 21992-2025 investigation, the investigating agency did not investigate the case as per the allegations made in the complaint/FIR. He, thus, submit specific allegations made by the petitioner regarding conduct of the accused but the same has not been investigated investigating agency is hand in glove with the accused and, t investigate the FIR in a fair manner. He, thus, prayed for constitution of a Special Investigating Team for thorough investigation of the matter Notice of motion to the official respondent only On asking of the Court, Mr. Sumit Jain accepted notice and opposed the submissions made by the learned counsel for the petitioner. He has submitted that after carrying out further investigation in accordance with law, as ordered by the learned trial C also been filed and the case is for consideration. After hearing learned counsel for the parties and perusing the available record, it is deciphered that the petitioner is a pub got the FIR lodged against his colleagues. The allegations made in the FIR regarding harassment of the petitioner by his colleagues wherein the caste related remarks had allegedly been uttered against him. The learned trial Court had directed the investigating agency to further investigate the matter and the supplementary challan and the same has been filed. Thus, it is clear that the trial Court has already taken cognizance of the case and once the supplementary challan has been filed, the case is within the domain of the trial - 2 - investigation, the investigating agency did not investigate the case as per the mplaint/FIR. He, thus, submitted that there were specific allegations made by the petitioner regarding conduct of the accused but the same has not been investigated into. He submitted that the investigating agency is hand in glove with the accused and, thus, did not investigate the FIR in a fair manner. He, thus, prayed for constitution of a for thorough investigation of the matter. Notice of motion to the official respondent only at this stage. Sumit Jain, Addl. A.G., Haryana, has accepted notice and opposed the submissions made by the learned counsel for the petitioner. He has submitted that after carrying out further investigation in accordance with law, as ordered by the learned trial Court, the supplementary also been filed and the case is pending before the learned trial After hearing learned counsel for the parties and perusing the available record, it is deciphered that the petitioner is a public servant who has . The allegations made in the FIR of the petitioner by his colleagues wherein the caste been uttered against him. The learned trial Court to further investigate the matter and file the supplementary challan and the same has been filed. Thus, it is clear that the trial Court has already taken cognizance of the case and once the been filed, the case is within the domain of the trial investigation, the investigating agency did not investigate the case as per the that there were specific allegations made by the petitioner regarding conduct of the accused . He submitted that the hus, did not investigate the FIR in a fair manner. He, thus, prayed for constitution of a , has accepted notice and opposed the submissions made by the learned counsel for the petitioner. He has submitted that after carrying out further investigation in ourt, the supplementary before the learned trial After hearing learned counsel for the parties and perusing the lic servant who has . The allegations made in the FIR of the petitioner by his colleagues wherein the caste been uttered against him. The learned trial Court file the supplementary challan and the same has been filed. Thus, it is clear that the trial Court has already taken cognizance of the case and once the been filed, the case is within the domain of the trial VINOD KUMAR 2025.05.27 13:49 I attest to the accuracy and integrity of this document CRM-M-21992 6. present petition is hereby disposed of with liberty to the petitioner to raise all his grievances before the trial Court in accordance with law. May 12, 2025 vinod* 21992-2025 Thus, in view of the totality of the facts and circumstances, the present petition is hereby disposed of with liberty to the petitioner to raise all his grievances before the trial Court and avail the remedies as available to him in accordance with law. , 2025 Whether Speaking/Reasoned: Whether Reportable: - 3 - Thus, in view of the totality of the facts and circumstances, the present petition is hereby disposed of with liberty to the petitioner to raise all d avail the remedies as available to him (Rajesh Bhardwaj) Judge Whether Speaking/Reasoned: NO/YES NO/YES Thus, in view of the totality of the facts and circumstances, the present petition is hereby disposed of with liberty to the petitioner to raise all d avail the remedies as available to him VINOD KUMAR 2025.05.27 13:49 I attest to the accuracy and integrity of this document