253 IN THE HIGH COURT OF PUNJAB AND HARYANA VINAY SACHDEVA AND STATE OF HARYANA AND OTHERS CORAM: HON’BLE MR. Present: Mr. Mr. Ramesh Kumar Ambavta, AAG, Haryana. Mr. Ankush Thakral, Advocate for Mr. Abhishek Batta, HARPREET SINGH BRAR 1. Present petition has been filed under Section 528 Nagarik Suraksha Sanhita, 2023 read with Section 482 directions to respondent Nos.3 to 6 to not to conduct multiple inquiries/parallel inquiries on the complaints moved by respondent Nos.7 and 8 on the same set of allegations. 2. On 22.01.2025, following order was passed : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Date of decision: 16.05. VINAY SACHDEVA AND ANOTHER V/S HARYANA AND OTHERS HON’BLE MR. JUSTICE HARPREET SINGH BRAR Mr. Nakul Sharma, Advocate for the petitioner Mr. Ramesh Kumar Ambavta, AAG, Haryana. Mr. Ankush Thakral, Advocate for Mr. Abhishek Batta, Advocate respondent Nos.7 and 8. **** HARPREET SINGH BRAR, J. (ORAL) Present petition has been filed under Section 528 Nagarik Suraksha Sanhita, 2023 read with Section 482 directions to respondent Nos.3 to 6 to not to conduct multiple inquiries/parallel inquiries on the complaints moved by respondent Nos.7 and 8 on the same set On 22.01.2025, following order was passed : “Present petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 Cr.P.C. for issuance of directions to respondent Nos.3 to 6 to not to conduct multiple inquiries/parallel inquiries on the complaints moved by respondent Nos.7 and 8 on the same set of allegations. Reply by way of an affidavit dated 15.01.2025 of Virender Singh, HPS, Assistant Commissioner of Police, Manesar, Gurugram on behalf of respondent Nos.1 to 6 has IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-43251-2024 (O & M) Date of decision: 16.05.2025 ...PETITIONERS ...RESPONDENTS HARPREET SINGH BRAR for the petitioners. Mr. Ramesh Kumar Ambavta, AAG, Haryana. Advocate respondent Nos.7 and 8. Present petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 Cr.P.C. for issuance of directions to respondent Nos.3 to 6 to not to conduct multiple inquiries/parallel inquiries on the complaints moved by respondent Nos.7 and 8 on the same set On 22.01.2025, following order was passed : petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 Cr.P.C. for issuance of directions to respondent Nos.3 to 6 to not to conduct multiple inquiries/parallel inquiries on the nt Nos.7 and 8 on the same set of Reply by way of an affidavit dated 15.01.2025 of Virender Singh, HPS, Assistant Commissioner of Police, Manesar, Gurugram on behalf of respondent Nos.1 to 6 has MANISHA 2025.05.17 12:07 I attest to the accuracy and authenticiy of this order/judgment CRM-M-43251 43251-2024 (O & M) 2 been filed and the same is taken on record. A c been supplied to learned counsel for the petitioner. Mr. Abhishek Batta, Advocate puts in appearance on behalf of respondent Nos.7 and 8 and files his memo of appearance. He undertakes to file his power of attorney on or before the next date of hearing in the Registry of this Court well in advance. Learned counsel for the petitioners inter alia contends that respondent Nos.3 to 6 are conducting multiple parallel inquiries on the complaint moved by respondent Nos.7 and 8, as discernible from Annexure P-12. He submits that two officers, at the same time, on the same set of allegations, are conducting parallel inquiries. Earlier, on the same set of allegations, veracity of the allegations levelled by respondent Nos.7 and 8 was thoroughly investigated and the jurisdictional police authorities vide the report dated 02.04.2024 (Annexure P have concluded that the matter between the parties is purely civil in nature and no cognizable offence is found to have been committed. As such the act and to 6, is in violation of the judgment of the Hon’ble Apex Court in Poonam Chand Jain vs. Farzu (2010) 2 SCC 631 further this Court in Sanket Jain and another vs. State of Punjab and others bearing CRM 09.04.2024 has categorically held that the second complaint, on the same set of allegations, is not maintainable. Learned counsel further submits that reply filed on behalf of respondent Nos.1 to 6 do not controvert the factual position and do not satisfactorily answer the specific averments made by the petitioner. In view of the above, respondent No.2 is directed to file his affidavit explaining therein under what provisions of law two different officers can embark upon parallel inquiry, specially, in light of the fact that vide Annexure P 02.04.2010, the jurisdictional police authorities have already concluded that the matter between the parties is purely civil in nature and no cognizable offence is made out. been filed and the same is taken on record. A copy thereof has been supplied to learned counsel for the petitioner. Mr. Abhishek Batta, Advocate puts in appearance on behalf of respondent Nos.7 and 8 and files his memo of appearance. He undertakes to file his power of attorney on or ate of hearing in the Registry of this Court well Learned counsel for the petitioners inter alia contends that respondent Nos.3 to 6 are conducting multiple parallel inquiries on the complaint moved by respondent Nos.7 and 8, as 12. He submits that two officers, at the same time, on the same set of allegations, are conducting parallel inquiries. Earlier, on the same set of allegations, veracity of the allegations levelled by respondent Nos.7 and 8 stigated and the jurisdictional police authorities vide the report dated 02.04.2024 (Annexure P-10) have concluded that the matter between the parties is purely civil in nature and no cognizable offence is found to have been committed. As such the act and conduct of the respondent Nos.3 to 6, is in violation of the judgment of the Hon’ble Apex Court Poonam Chand Jain vs. Farzu (2010) 2 SCC 631 and Sanket Jain and another vs. State of CRM-M No.10122 of 2022 dated 09.04.2024 has categorically held that the second complaint, on the same set of allegations, is not maintainable. Learned counsel further submits that reply filed on behalf of respondent Nos.1 to 6 do not controvert the factual position and do not tisfactorily answer the specific averments made by the In view of the above, respondent No.2 is directed to file his affidavit explaining therein under what provisions of law two different officers can embark upon parallel inquiry, in light of the fact that vide Annexure P-10 dated 02.04.2010, the jurisdictional police authorities have already concluded that the matter between the parties is purely civil in nature and no cognizable offence is made out. MANISHA 2025.05.17 12:07 I attest to the accuracy and authenticiy of this order/judgment CRM-M-43251 3. In compliance of the order passed by this Court on 22.01.2025, status report by way of affidavit dated 14.05.2025 of Vikas Arora, IPS, Commissioner of Police, Nos.1 to 6-State. The same is taken on record. A copy thereof has been supplied to learned counsel for the petitioners. 4. Learned State counsel refers to para Nos.5 to 7 of the status report filed on behalf of respondent Nos.1 to 6 the allegations made by respondent Nos.6 and 7 examined and it has been found that the gravamen of agreement to sell dated 28.08.2023 found to be of civil respondents are ordered concluded that no action is warranted on these complaints. Further cancellation report has also been prep Court of competent jurisdiction in due course in FIR No.455 dated 02.09.2024 registered under Sections 115, 3(5), 351(2), 75(2) Station Kherki Daula. 5. In view of the above, present petition is been rendered as infructuous. May 16, 2025 manisha (i) (ii) 43251-2024 (O & M) 3 Adjourned to 16.05.2025. A copy of this order be given to learned State counsel for information and strict compliance.” In compliance of the order passed by this Court on 22.01.2025, status report by way of affidavit dated 14.05.2025 of Vikas Arora, IPS, ommissioner of Police, Gurugram has been filed on behalf of respondent State. The same is taken on record. A copy thereof has been supplied to learned counsel for the petitioners. Learned State counsel refers to para Nos.5 to 7 of the status report of respondent Nos.1 to 6-State and submits that the veracity of the allegations made by respondent Nos.6 and 7 and it has been found that the gravamen of agreement to sell dated 28.08.2023. He further submits that found to be of civil jurisdiction and the complaints filed by the private respondents are ordered to be consigned to record room concluded that no action is warranted on these complaints. Further cancellation report has also been prepared and the Court of competent jurisdiction in due course in FIR No.455 dated 02.09.2024 registered under Sections 115, 3(5), 351(2), 75(2) Station Kherki Daula. In view of the above, present petition is been rendered as infructuous. (HARPREET SINGH BRAR Whether speaking/reasoned Whether reportable Adjourned to 16.05.2025. opy of this order be given to learned State counsel for information and strict compliance.” In compliance of the order passed by this Court on 22.01.2025, status report by way of affidavit dated 14.05.2025 of Vikas Arora, IPS, Gurugram has been filed on behalf of respondent State. The same is taken on record. A copy thereof has been Learned State counsel refers to para Nos.5 to 7 of the status report State and submits that the veracity of the allegations made by respondent Nos.6 and 7 have been thoroughly and it has been found that the gravamen of complaints pertains to an . He further submits that the matter was jurisdiction and the complaints filed by the private to be consigned to record room and it has been concluded that no action is warranted on these complaints. Furthermore, a the same shall be submitted in Court of competent jurisdiction in due course in FIR No.455 dated 02.09.2024 registered under Sections 115, 3(5), 351(2), 75(2) of BNS, 2023 at Police In view of the above, present petition is disposed of as having HARPREET SINGH BRAR) JUDGE Yes/No Yes/No MANISHA 2025.05.17 12:07 I attest to the accuracy and authenticiy of this order/judgment