CRM-M-36588 130 Hardesh Kaur Gill State of Punjab and others CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Shalini Singh Nagpal, J. 1. directing official respondents to dated 07.11.2025 and to take legal action against private respondents accordance with law. 2. a Non-Resident Indian (NRI) residing in Australia. passed away during COVID brother, Naib Singh Gill, petitioner executed a power o favour, to enable him to manage her property affairs. Subsequently, Naib Singh Gill also passed away on 14.03.202 petitioner came to know in October 2025 that on the basis of the said power of attorney, her private respondents. regard but no action was taken. 3. 4. accepts notice on behalf of the official respondents 36588-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Hardesh Kaur Gill VERSUS State of Punjab and others CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Mr. Rajesh K. Dadwal, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG, Punjab *** Shalini Singh Nagpal, J.(Oral) The petition under Section 528 of BNSS official respondents to conduct fair investigation i dated 07.11.2025 and to take legal action against private respondents accordance with law. Learned counsel for the petitioner submits that the petitioner is Resident Indian (NRI) residing in Australia. passed away during COVID-19 pandemic in Moga. brother, Naib Singh Gill, petitioner executed a power o to enable him to manage her property affairs. Subsequently, Naib Singh Gill also passed away on 14.03.202 petitioner came to know in October 2025 that on the basis of the said power of attorney, her ancestral property had been transferred in favour of the private respondents. Complaint was made to official respondents in this regard but no action was taken. Notice of motion to official respon Mr. Kunwarbir Singh, AAG, Punjab accepts notice on behalf of the official respondents 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-36588-2026 (O&M) Date of decision: 09.07.2026 Petitioner Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL dvocate for the petitioner. Mr. Kunwarbir Singh, AAG, Punjab. Section 528 of BNSS has been filed for conduct fair investigation in complaint dated 07.11.2025 and to take legal action against private respondents, in Learned counsel for the petitioner submits that the petitioner is Resident Indian (NRI) residing in Australia. Petitioner's mother 19 pandemic in Moga. On request of her brother, Naib Singh Gill, petitioner executed a power of attorney in his to enable him to manage her property affairs. Subsequently, Naib Singh Gill also passed away on 14.03.2025. It is further submitted that petitioner came to know in October 2025 that on the basis of the said power ancestral property had been transferred in favour of the Complaint was made to official respondents in this Notice of motion to official respondents. Mr. Kunwarbir Singh, AAG, Punjab, who is present in Court, accepts notice on behalf of the official respondents. He on instructions from M) .2026 Petitioner Respondents for n complaint in Learned counsel for the petitioner submits that the petitioner is etitioner's mother request of her f attorney in his to enable him to manage her property affairs. Subsequently, Naib . It is further submitted that petitioner came to know in October 2025 that on the basis of the said power ancestral property had been transferred in favour of the Complaint was made to official respondents in this esent in Court, on instructions from KAPIL 2026.07.10 10:46 I attest to the accuracy and integrity of this document CRM-M-36588 ASI Jaspal Singh respondents that the dispute was civil in nature. 5. U.P. and others, (2008) 2 SCC 409, Hemant Yashwant Dhage the High Courts are flooded with writ petitions praying for registration of the first information report or praying for proper investigation and that if the High Courts entertain such writ petitions, they wi be able to do any other work except dealing with such writ petitions. Therefore, the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation. 6. petitioner's representation and concluded that the dispute is civil in nature, the present petition is disposed of with liberty to the petitioner to avail alternative remedies available to her 7. 09.07.2026 Kapil 36588-2026 (O&M) ASI Jaspal Singh, submits that petitioner’s was received and was consigned on 04.06.2026 on the ground that the dispute was civil in nature. Hon'ble Supreme Court of India in U.P. and others, (2008) 2 SCC 409, and Hemant Yashwant Dhage and others, (2016) 6 SCC the High Courts are flooded with writ petitions praying for registration of the first information report or praying for proper investigation and that if the High Courts entertain such writ petitions, they wi be able to do any other work except dealing with such writ petitions. Therefore, the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C and if he does so, the will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation. Since the competent authority has already examined the r's representation and concluded that the dispute is civil in nature, the present petition is disposed of with liberty to the petitioner to avail alternative remedies available to her, in accordance with law. Pending applications, if any, stand disposed of. Whether Speaking/Reasoned : Whether Reportable : 2 ’s representation against private and was consigned on 04.06.2026 on the ground Hon'ble Supreme Court of India in Sakiri Vasu vs. State of and Sudhir Bhaskarrao Tambe v. and others, (2016) 6 SCC 277, has observed that the High Courts are flooded with writ petitions praying for registration of the first information report or praying for proper investigation and that if the High Courts entertain such writ petitions, they will be flooded and may not be able to do any other work except dealing with such writ petitions. Therefore, the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C and if he does so, the will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and Since the competent authority has already examined the r's representation and concluded that the dispute is civil in nature, the present petition is disposed of with liberty to the petitioner to avail in accordance with law. Pending applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) JUDGE Whether Speaking/Reasoned : Yes/No Yes/No representation against private and was consigned on 04.06.2026 on the ground Sakiri Vasu vs. State of Sudhir Bhaskarrao Tambe v. 277, has observed that the High Courts are flooded with writ petitions praying for registration of the first information report or praying for proper investigation and that if the ll be flooded and may not be able to do any other work except dealing with such writ petitions. Therefore, the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C and if he does so, the will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and Since the competent authority has already examined the r's representation and concluded that the dispute is civil in nature, the present petition is disposed of with liberty to the petitioner to avail (SHALINI SINGH NAGPAL) KAPIL 2026.07.10 10:46 I attest to the accuracy and integrity of this document