CRM CRM CRM CRM----M M M M----41733 41733 41733 41733---- 213 213 213 213 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA Neeraj Malik State of Haryana CORAM: CORAM: CORAM: CORAM: Present: Present: Present: Present:- SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL 2. dated 03.09.2025, by way of Commissioner of Police, taken on record. ----2025 2025 2025 2025 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH Date of decision: Date of decision: Date of decision: Date of decision: Neeraj Malik versus Haryana HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Mr. Gaurav Goel, Advocate for Mr. Rahul Deswal, Advocate for the petitioner. Mr. Vishal Singh, AAG Haryana. Mr. Ravi Kamal Gupta, Retainer Counsel for the CBI. Mr. Rajnikant Upadhyay, Advocate for the complainant. ***** ***** ***** ***** SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL, J. (ORAL) , J. (ORAL) , J. (ORAL) , J. (ORAL) The substantive prayer made in the present petition reads thus: “It is, therefore, respectfully prayed that the petition may kindly be allowed and the petitioner be granted dated 11.09.2023, under Sections 148, 149, 341, 285, 506 of IPC Section 25 of Arms Act at Police Station Haryana (Annexure P-1), in the interest of justice. It is further prayed that the arrest of the petitioner may kindly be stayed during the pendency of the present petition. Reply dated 16.09.2025 to the show cause dated 03.09.2025, by way of an Affidavit of Mamta Singh, IPS, Commissioner of Police, Sonipat has been filed taken on record. 1111 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT AT AT AT CHANDIGARH CHANDIGARH CHANDIGARH CHANDIGARH CRM CRM CRM CRM----M M M M----41733 41733 41733 41733----2025 2025 2025 2025 Date of decision: Date of decision: Date of decision: Date of decision: September 17 September 17 September 17 September 17,,,, 2025 2025 2025 2025 ….Petitioner ….Respondent HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Gaurav Goel, Advocate for Advocate for the petitioner. Mr. Vishal Singh, AAG Haryana. Mr. Ravi Kamal Gupta, Retainer Counsel for the CBI. Mr. Rajnikant Upadhyay, Advocate for the complainant. The substantive prayer made in the present petition reads thus: It is, therefore, respectfully prayed that the petition may kindly be granted anticipatory bail to in FIR No.484 148, 149, 341, 285, 506 of IPC and at Police Station City Sonipat, District Sonipat, 1), in the interest of justice. that the arrest of the petitioner may kindly be stayed during the pendency of the present petition.” to the show cause given vide order Affidavit of Mamta Singh, IPS, has been filed in the Court today, which is 1111 2025 2025 2025 2025 2025 2025 2025 2025 Petitioner ….Respondent It is, therefore, respectfully prayed that the petition may kindly be 484 and City Sonipat, District Sonipat, that the arrest of the petitioner may kindly be given vide order Affidavit of Mamta Singh, IPS, in the Court today, which is MAHAVIR SINGH 2025.09.17 17:36 I attest to the accuracy and authenticity of this order/ judgment 2222 CRM CRM CRM CRM----M M M M----41733 41733 41733 41733----2025 2025 2025 2025 2.1. Learned Retainer counsel for the CBI has also filed a reply dated 15.09.2025 on behalf of the CBI to the petitioner, which is taken on record. 3. Learned counsel for the petitioner submits that he may be permitted to withdraw the petition, for the present, in view of paragraph 16 of the reply by way of an affidavit dated 12.08.2025 of Rajpal, HPS, Assistant Commissioner of Police, Crime, Sonipat; relevant whereof, reads thus: “16. That it is submitted that petitioner Neeraj Malik has already joined the investigation of present case on 10.08.2025 in compliance of notice under Section 41-A Cr.P.C. While joining investigation, he suffered disclosure statement and got demarcated the place of occurrence. It is submitted that from the evidence collected during investigation, only accused Deepak Dahiya and Pankaj Malik have been found to be carrying weapons at the spot, which have already been recovered in the present case and petitioner/accused Neeraj Malik was not having any weapon at the spot. As such, in view of the above mentioned facts and circumstances, at this stage, custodial interrogation of petitioner/accused Neeraj Malik is not required by investigating agency, as he has already joined the investigation case in view of the guidelines of Hon’ble Supreme Court in the case of "Arnesh Kumar Vs. State of Bihar." As such, petitioner is not required in the present case for any custodial investigation purposes and as such, the present petition has become infructuous.” 4. Ordered accordingly. 5. As regards aspect of assistance of an independent investigating agency, at this stage, it would be apposite to refer herein to the aforesaid reply dated 16.09.2025 by way of an Affidavit of Mamta Singh, IPS, Commissioner of Police, Sonipat, which reflects that the Special Investigation Team (SIT) has been constituted vide order dated 08.09.2025 issued by the Commissioner of Police, Sonipat (appended as Annexure R-3 with the aforesaid reply), which is being headed by the DCP East, Sonipat; the said order dated 08.09.2025 reads thus: MAHAVIR SINGH 2025.09.17 17:36 I attest to the accuracy and authenticity of this order/ judgment 3333 CRM CRM CRM CRM----M M M M----41733 41733 41733 41733----2025 2025 2025 2025 “A SIT was constituted by DCP West, Sonipat vide his office order no.324-27/R/DCP West-SPT dated 12-02.2025 in case FIR No.484 dated 11.09.2023 U/s 148, 149, 285, 341, 506 IPC & 3(1)(R)(S) SC/ST Act PS City Sonipat. In continuation of the above order, it is hereby ordered that the Special Investigation Team (SIT) constituted in this case will be headed by DCP East, Sonipat. The following police officers will be the members in the SIT: 1. ACP Crime, Sonipat. 2. I/C Crime Unit West, Sonipat. 3. SHO PS City Sonipat. 4. I/C Cyber Cell, West Zone, Sonipat. SIT will conduct fair and expeditious investigation in this case and send action taken/ progress report regularly to the undersigned. Commissioner of Police, Sonipat.” 6. In view of the above, no direction for handing over the investigation of the FIR in question to an independent agency is required, at this stage. 7. Petition stands disposed of in above terms. 8. Pending application(s), if any, shall also stands disposed off. ((((SUMEET GOEL SUMEET GOEL SUMEET GOEL SUMEET GOEL)))) JUDGE JUDGE JUDGE JUDGE September 17 September 17 September 17 September 17,,,, 2025 2025 2025 2025 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No MAHAVIR SINGH 2025.09.17 17:36 I attest to the accuracy and authenticity of this order/ judgment