CRWP-4725-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA 103 HARCHARAN SINGH SANDHU STATE OF PUNJAB CORAM: HON'BLE MR Present: Mr. Bharat Bhandari, Advocate with Mr. Amandeep Singh, Advocate for the petitioner. Mr. Mohit Kapoor, Senior Deputy Advocate General, Punjab. TRIBHUVAN DAHIYA The petition has been filed seeking a writ of dated 20.04.2025 Prevention of Corruption Act, 1988 2. As per allegations in the FIR, the petitioner tried to bribe the complainant/the doctor on Medical Legal Report reported the matter to the police, and handed over a brown colour containing currency notes of approximately police on 20.04.2025. 3. Learned counsel for the petitioner contends that the petitioner’s arrest is illegal as writing, nor was he furnished a copy a violation of the Constitution. As held by the Supreme Court (NCT of Delhi) 2025 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP Decided On: HARCHARAN SINGH SANDHU Versus PUNJAB AND OTHERS CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Bharat Bhandari, Advocate with Mr. Amandeep Singh, Advocate for the petitioner. Mr. Mohit Kapoor, Senior Deputy Advocate General, Punjab. TRIBHUVAN DAHIYA J.(Oral) The petition has been filed under Article 226 of the Constitution a writ of certiorari quashing the petitioner’s arrest in case 20.04.2025, registered under Section 61(2) of Corruption Act, 1988, at Police Station As per allegations in the FIR, the petitioner tried to bribe the complainant/the doctor on Legal Report (MLR) by increasing the gravity of injuries. reported the matter to the police, and handed over a brown colour containing currency notes of approximately Rs. .04.2025. Learned counsel for the petitioner contends that the petitioner’s arrest is illegal as he was neither informed about the grounds of arrest in nor was he furnished a copy of the same of the Fundamental right guaranteed As held by the Supreme Court (NCT of Delhi), (2024) 8 SCC 254, any infringement IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-4725-2025 Decided On: 27.05.2025 ....PETITIONER(s) ....RESPONDENT(s) . JUSTICE TRIBHUVAN DAHIYA Mr. Bharat Bhandari, Advocate with Mr. Vinay Yadav, Advocate Mr. Amandeep Singh, Advocate for the petitioner. Mr. Mohit Kapoor, Senior Deputy Advocate General, Punjab. under Article 226 of the Constitution petitioner’s arrest in case FIR No.159 , registered under Section 61(2) BNS and Section 8 of at Police Station City Faridkot. As per allegations in the FIR, the petitioner with the co-accused tried to bribe the complainant/the doctor on duty, to procure a favourable by increasing the gravity of injuries. The doctor reported the matter to the police, and handed over a brown coloured envelope Rs.10,000. He was arrested by the Learned counsel for the petitioner contends that the petitioner’s informed about the grounds of arrest in of the same soon after the arrest. This is guaranteed under Article 22(1) of the As held by the Supreme Court in Prabir Purkayastha v. State any infringement of this right would Mr. Vinay Yadav, Advocate under Article 226 of the Constitution 159 BNS and Section 8 of accused favourable The doctor envelope by the Learned counsel for the petitioner contends that the petitioner’s informed about the grounds of arrest in This is of the State would Aman Dua 2025.05.31 13:27 I attest to the accuracy and authenticity of this judicial document CRWP-4725-2025 vitiate the process of arrest. set aside. 4. Learned State counsel, procedure has been followed in arresting the petitioner. Keeping in view the serious nature of allegations and the custodial interrogation dated 20.04.2025 offence, as also Information arresting Harcharan Singh Sandhu son of Jarnail Singh Sandhu resident of Arraiyan Wala Kalan District Faridkot, I have informed the accused about my name Tarlochan Singh, PPS, is posted as DSP (SD) Faridkot. You have been arrested in the above mentioned non bailable. You will be produced before learned Magistrate. Memo regarding Rank, offence and cause prepared. Memo has been witnessed by below mentioned witnesses. Witnesses: Sd Sd/ Besides, the petitioner has already applied for regular bail before the trial Court on 14.05.2025 filed on baseless grounds. in five other criminal cases 2025 -2- the process of arrest. Therefore, the arrest is illegal and deserves to be Learned State counsel, on the contrary has been followed in arresting the petitioner. Keeping in view the serious nature of allegations and the need to recove custodial interrogation was required. He has produced the copy of the memo 20.04.2025, to contend that the petitioner was duly informed about the , as also the cause of arrest. The memo reads as under: Information Memo regarding Rank, Offence and cause of arrest In the presence of below mentioned witnesses, before arresting Harcharan Singh Sandhu son of Jarnail Singh Sandhu resident of Arraiyan Wala Kalan District Faridkot, I have informed the accused about my name Tarlochan Singh, PPS, is posted as DSP (SD) Faridkot. You have been arrested in the above mentioned non bailable. You will be produced before learned Magistrate. Memo regarding Rank, offence and cause prepared. Memo has been witnessed by below mentioned witnesses. Sd/- Harcharan Singh Sandhu, as above. Witnesses: Sd/- SI Hardev Singh No.800/Ferozpur Sd/- ASI Akalpreet Singh No.915/Faridkot Sd/- Deputy Superintendent of Faridkot, Dated 20.04.2025 the petitioner has already applied for regular bail before the trial on 14.05.2025, which is pending adjudication. filed on baseless grounds. He further contends in five other criminal cases. Therefore, the arrest is illegal and deserves to be on the contrary, contends that due has been followed in arresting the petitioner. Keeping in view the need to recover the amount of bribe, his was required. He has produced the copy of the memo , to contend that the petitioner was duly informed about the The memo reads as under: Memo regarding Rank, Offence and cause of arrest In the presence of below mentioned witnesses, before arresting Harcharan Singh Sandhu son of Jarnail Singh Sandhu resident of Arraiyan Wala Kalan District Faridkot, I have informed the accused about my name, rank and posting that I, Tarlochan Singh, PPS, is posted as DSP (SD) Faridkot. You have been arrested in the above mentioned offence and said offence is non bailable. You will be produced before learned Magistrate. Memo regarding Rank, offence and cause of arrest has been prepared. Memo has been witnessed by below mentioned Harcharan Singh Sandhu, as above. SI Hardev Singh No.800/Ferozpur ASI Akalpreet Singh No.915/Faridkot Deputy Superintendent of Police(Sub Division) Dated 20.04.2025 the petitioner has already applied for regular bail before the trial , which is pending adjudication. This petition has been He further contends that the petitioner is involved Therefore, the arrest is illegal and deserves to be that due has been followed in arresting the petitioner. Keeping in view the r the amount of bribe, his was required. He has produced the copy of the memo , to contend that the petitioner was duly informed about the In the presence of below mentioned witnesses, before arresting Harcharan Singh Sandhu son of Jarnail Singh Sandhu resident of Arraiyan Wala Kalan District Faridkot, I have , rank and posting that I, Tarlochan Singh, PPS, is posted as DSP (SD) Faridkot. You have offence and said offence is non bailable. You will be produced before learned Magistrate. of arrest has been prepared. Memo has been witnessed by below mentioned the petitioner has already applied for regular bail before the trial This petition has been the petitioner is involved Aman Dua 2025.05.31 13:27 I attest to the accuracy and authenticity of this judicial document CRWP-4725-2025 5. Heard. 6. This is 20.04.2025, that relevant information regarding the arresting officer, the offences alleged, cause of arrest, presence of two witnesses as well. Besides, the petitioner has already there is any violation will be looked into by the trial Court 7. The petition stands disposed of with these observations. 27.05.2025 Ad 2025 -3- Heard. This is prima facie established from the , that relevant information regarding the arresting officer, the offences alleged, cause of arrest, etc. has been presence of two witnesses at the time of arrest Besides, the petitioner has already applied for violation of law laid down in Prabir Purkayastha will be looked into by the trial Court, and appropriate order will be passed The petition stands disposed of with these observations. (TRIBHUVAN DAHIYA Whether speaking/reasoned? Whether reportable? from the information memo, dated , that relevant information regarding the arresting officer, the has been given to petitioner in the at the time of arrest. The memo bears his signature applied for regular bail; in case Prabir Purkayastha case (supra), it , and appropriate order will be passed. The petition stands disposed of with these observations. TRIBHUVAN DAHIYA) JUDGE Yes/No Yes/No dated , that relevant information regarding the arresting officer, the in the . The memo bears his signature in case it Aman Dua 2025.05.31 13:27 I attest to the accuracy and authenticity of this judicial document