CRM-M- IN THE HIGH COURT OF PUNJAB AND HARYANA AT 118 Jashanpreet State of Haryana and others CORAM: Present: SUMEET GOEL 1. Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as the ‘BNSS, 2023’) Nos.2 to 4 for conducting a fair and impartial i the rank of IPS outside District Sirsa on the ground that the local police, acting in collusion with respondent Nos.5 and 6 have falsely implicated the petitioner No.341 dated 05.07.2025 (wrongly referred to as FIR No.107 in the impugned order, Annexure P 118(2), 190, 191(2), 191(3), 304, 324(4), 117(1) Sanhita, 2023 at Police Station 2. that on 03.07.2025 at about 07:25 p.m., the complainant namely Harpreet Singh son of Fauja Singh, aged 27 years, resident of village Nezadela Kalan, District Sirs -45578-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Jashanpreet V/s State of Haryana and others CORAM: HON’BLE MR. JUSTICE SUMEET Mr. Narender Singh Kamboj, Advocate for the petitioner. Mr. Tarun Aggarwal, Additional Advocate General, Haryana for respondent Nos.1 to 4. ***** SUMEET GOEL, J. (Oral) The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as the ‘BNSS, 2023’) seeking issuance of appropriate directions to respondent Nos.2 to 4 for conducting a fair and impartial i the rank of IPS officer or alternatively seeking transfer of outside District Sirsa on the ground that the local police, acting in collusion with respondent Nos.5 and 6 have falsely implicated the petitioner No.341 dated 05.07.2025 (wrongly referred to as FIR No.107 in the impugned order, Annexure P-5), registered under Sections 115(2), 118(1), 118(2), 190, 191(2), 191(3), 304, 324(4), 117(1) Sanhita, 2023 at Police Station City Sirsa, District Sirsa The brief facts of the case as narrated in the present petition are on 03.07.2025 at about 07:25 p.m., the complainant namely Harpreet Singh son of Fauja Singh, aged 27 years, resident of village Nezadela Kalan, District Sirsa, alleged that his friend namely Naresh Kumar (electrician, 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-45578-2025 Date of decision: 21.08.202 ....Petitioner ....Respondents HON’BLE MR. JUSTICE SUMEET GOEL Narender Singh Kamboj, Advocate for the petitioner. Mr. Tarun Aggarwal, Additional Advocate General, Haryana ***** The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as the seeking issuance of appropriate directions to respondent Nos.2 to 4 for conducting a fair and impartial investigation by an officer of seeking transfer of the investigation outside District Sirsa on the ground that the local police, acting in collusion with respondent Nos.5 and 6 have falsely implicated the petitioner in FIR No.341 dated 05.07.2025 (wrongly referred to as FIR No.107 in the 5), registered under Sections 115(2), 118(1), 118(2), 190, 191(2), 191(3), 304, 324(4), 117(1) of the Bharatiya Nyaya irsa, District Sirsa The brief facts of the case as narrated in the present petition are on 03.07.2025 at about 07:25 p.m., the complainant namely Harpreet Singh son of Fauja Singh, aged 27 years, resident of village Nezadela Kalan, a, alleged that his friend namely Naresh Kumar (electrician, .2025 Mr. Tarun Aggarwal, Additional Advocate General, Haryana The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as the seeking issuance of appropriate directions to respondent nvestigation by an officer of the investigation outside District Sirsa on the ground that the local police, acting in collusion in FIR No.341 dated 05.07.2025 (wrongly referred to as FIR No.107 in the 5), registered under Sections 115(2), 118(1), of the Bharatiya Nyaya The brief facts of the case as narrated in the present petition are on 03.07.2025 at about 07:25 p.m., the complainant namely Harpreet Singh son of Fauja Singh, aged 27 years, resident of village Nezadela Kalan, a, alleged that his friend namely Naresh Kumar (electrician, AJAY KUMAR 2025.08.22 17:10 I attest to the accuracy and integrity of this document CRM-M- resident of Nezadaela Kalan) had to collect Rs.70,000/ had called him to Sirsa. On his request, the co on his motorcycle. When they reached Anaj Mandi, Sirsa, the friend of the complainant namely Naresh Kumar called Jashanpreet (petitioner herein), who refused to pay and switched off his phone. Later, after repeated calls, the said Jashanpreet (petitioner herein) asked us to meet at Home Town Café, Sirsa. Around 09:15 PM, the said Jashanpreet (petitioner herein) asked the complainant and his friend to meet at Home Town Cafe, Sirsa. Around 09:15 PM, the said Jashanpreet arrived w abused and assaulted them. Soon, five persons including Akash @ Anil and Ravi (sons of Bhajan Lal, residents of Chhoti Chamal), Sushil @ Sheelu (son of Mahender, resident of Nezadela Kalan) and two unknown boys armed with During the attack, accused Akash and Ravi hit the complainant with on his hands with a brick like object and another back. All the accused also assaulted the damaged his motorcycle. In the (petitioner herein) snatched and his friend, s called his cousin namely Chandermohan, who admitted them to Civil Hospital, Sirsa. Later -45578-2025 resident of Nezadaela Kalan) came to his house and informed him that he had to collect Rs.70,000/- from Jashanpreet Singh (petitioner herein), who had called him to Sirsa. On his request, the co on his motorcycle. When they reached Anaj Mandi, Sirsa, the friend of the complainant namely Naresh Kumar called Jashanpreet (petitioner herein), who refused to pay and switched off his phone. Later, after repeated calls, id Jashanpreet (petitioner herein) asked us to meet at Home Town Café, Sirsa. Around 09:15 PM, the said Jashanpreet (petitioner herein) asked the complainant and his friend to meet at Home Town Cafe, Sirsa. Around 09:15 PM, the said Jashanpreet arrived w abused and assaulted them. Soon, five persons including Akash @ Anil and Ravi (sons of Bhajan Lal, residents of Chhoti Chamal), Sushil @ Sheelu (son of Mahender, resident of Nezadela Kalan) and two unknown boys armed with datars came at the scene of occurrence and attacked them During the attack, accused Akash and Ravi hit the complainant with hands; accused Jashanpreet (petitioner herein) hit the complainant with a brick; accused Sushil hit the shoulder of the complainan like object and another unknown accused back. All the accused also assaulted the damaged his motorcycle. In the ensuing (petitioner herein) snatched the phone of the complainant. and his friend, somehow, managed to escape called his cousin namely Chandermohan, who admitted them to Civil Hospital, Sirsa. Later on the complainant was shifted to City Health Care 2 came to his house and informed him that he from Jashanpreet Singh (petitioner herein), who had called him to Sirsa. On his request, the complainant accompanied him on his motorcycle. When they reached Anaj Mandi, Sirsa, the friend of the complainant namely Naresh Kumar called Jashanpreet (petitioner herein), who refused to pay and switched off his phone. Later, after repeated calls, id Jashanpreet (petitioner herein) asked us to meet at Home Town Café, Sirsa. Around 09:15 PM, the said Jashanpreet (petitioner herein) asked the complainant and his friend to meet at Home Town Cafe, Sirsa. Around 09:15 PM, the said Jashanpreet arrived with unknown person abused and assaulted them. Soon, five persons including Akash @ Anil and Ravi (sons of Bhajan Lal, residents of Chhoti Chamal), Sushil @ Sheelu (son of Mahender, resident of Nezadela Kalan) and two unknown boys t the scene of occurrence and attacked them During the attack, accused Akash and Ravi hit the complainant with datar accused Jashanpreet (petitioner herein) hit the complainant accused Sushil hit the shoulder of the complainant with a pipe unknown accused assaulted the complainant on back. All the accused also assaulted the friend of the complainant and ensuing scuffle, accused Jashanpreet the phone of the complainant. The complainant omehow, managed to escape whereupon the complainant called his cousin namely Chandermohan, who admitted them to Civil the complainant was shifted to City Health Care came to his house and informed him that he from Jashanpreet Singh (petitioner herein), who mplainant accompanied him on his motorcycle. When they reached Anaj Mandi, Sirsa, the friend of the complainant namely Naresh Kumar called Jashanpreet (petitioner herein), who refused to pay and switched off his phone. Later, after repeated calls, id Jashanpreet (petitioner herein) asked us to meet at Home Town Café, Sirsa. Around 09:15 PM, the said Jashanpreet (petitioner herein) asked the complainant and his friend to meet at Home Town Cafe, Sirsa. ith unknown persons abused and assaulted them. Soon, five persons including Akash @ Anil and Ravi (sons of Bhajan Lal, residents of Chhoti Chamal), Sushil @ Sheelu (son of Mahender, resident of Nezadela Kalan) and two unknown boys t the scene of occurrence and attacked them. datar accused Jashanpreet (petitioner herein) hit the complainant t with a pipe assaulted the complainant on his friend of the complainant and scuffle, accused Jashanpreet The complainant the complainant called his cousin namely Chandermohan, who admitted them to Civil the complainant was shifted to City Health Care AJAY KUMAR 2025.08.22 17:10 I attest to the accuracy and integrity of this document CRM-M- Hospital and subsequently to Astha Hospital, Sirsa for further treatment. On these set of allegations, the FIR in question was registered. 3. has been falsely implicated in complainant, who hails from the same village and harboured personal enmity against the petitioner. Learned counsel has further iterated that the complainant with a view to settling scores has orchestrated of the present false case against the petitioner and other co further submitted that, in fact, the petitioner himself sustained multiple injuries during the alleged occurrence and was admitted to the Civil Hospital, Sirsa on 04.07.2 many as seven injuries were found on his person. authorities duly forwarded the statement of the petitioner was also formally recorded by the police officials. Learned counsel has further submitted that rather, the local police, acting in collusion with the complainant petitioner in the false case. It is further pointed out by the learned counsel that the petiti before the Inspector General of Police, Hisar Range as well as the Superintendent of Police, Sirsa of the rank of IPS that a fair and impartial investigation may be conducted. However, despite the passage of considerable time, no action has been initiated by the police authorities on the said representation which necess approach this Court by way of the instant petition. On the basis of -45578-2025 Hospital and subsequently to Astha Hospital, Sirsa for further treatment. On these set of allegations, the FIR in question was registered. Learned counsel for the petitioner has has been falsely implicated into the impugned FIR at the instance of complainant, who hails from the same village and harboured personal enmity against the petitioner. Learned counsel has further iterated that the complainant with a view to settling scores has orchestrated of the present false case against the petitioner and other co further submitted that, in fact, the petitioner himself sustained multiple injuries during the alleged occurrence and was admitted to the Civil ospital, Sirsa on 04.07.2025 where he was medico many as seven injuries were found on his person. authorities duly forwarded the ruka to police station City Sirsa and the statement of the petitioner was also formally recorded by the police officials. Learned counsel has further submitted that rather, the local police, acting in collusion with the complainant petitioner in the false case. It is further pointed out by the learned counsel that the petitioner has submitted a detailed representation dated 01.08.2025 before the Inspector General of Police, Hisar Range as well as the Superintendent of Police, Sirsa seeking transfer of investigation to an officer of the rank of IPS Officer or at least to an officer outside District Sirsa so that a fair and impartial investigation may be conducted. However, despite the passage of considerable time, no action has been initiated by the police authorities on the said representation which necess approach this Court by way of the instant petition. On the basis of 3 Hospital and subsequently to Astha Hospital, Sirsa for further treatment. On these set of allegations, the FIR in question was registered. Learned counsel for the petitioner has iterated that the petitioner the impugned FIR at the instance of complainant, who hails from the same village and harboured personal enmity against the petitioner. Learned counsel has further iterated that the complainant with a view to settling scores has orchestrated the registration of the present false case against the petitioner and other co-accused. It is further submitted that, in fact, the petitioner himself sustained multiple injuries during the alleged occurrence and was admitted to the Civil 025 where he was medico-legally examined and as many as seven injuries were found on his person. Thereafter, the hospital to police station City Sirsa and the statement of the petitioner was also formally recorded by the concerned police officials. Learned counsel has further submitted that rather, the local police, acting in collusion with the complainant, have implicated the petitioner in the false case. It is further pointed out by the learned counsel oner has submitted a detailed representation dated 01.08.2025 before the Inspector General of Police, Hisar Range as well as the seeking transfer of investigation to an officer or at least to an officer outside District Sirsa so that a fair and impartial investigation may be conducted. However, despite the passage of considerable time, no action has been initiated by the police authorities on the said representation which necessitated the petitioner to approach this Court by way of the instant petition. On the basis of Hospital and subsequently to Astha Hospital, Sirsa for further treatment. On petitioner the complainant, who hails from the same village and harboured personal enmity against the petitioner. Learned counsel has further iterated that the tration accused. It is further submitted that, in fact, the petitioner himself sustained multiple injuries during the alleged occurrence and was admitted to the Civil legally examined and as , the hospital to police station City Sirsa and the concerned police officials. Learned counsel has further submitted that rather, the local have implicated the petitioner in the false case. It is further pointed out by the learned counsel oner has submitted a detailed representation dated 01.08.2025 before the Inspector General of Police, Hisar Range as well as the seeking transfer of investigation to an officer or at least to an officer outside District Sirsa so that a fair and impartial investigation may be conducted. However, despite the passage of considerable time, no action has been initiated by the police itated the petitioner to approach this Court by way of the instant petition. On the basis of AJAY KUMAR 2025.08.22 17:10 I attest to the accuracy and integrity of this document CRM-M- aforementioned interest of justice, the investigation of the present case deserves to be entrusted to an of outside the rights of the petitioner, who is, in fact, a victim rather than an accused. 4. opposed the grant of instant petition by arguing that implication as raised by the petitioner are wholly misconceived and devoid of merit. present matter has been conducted strictly in accordance with the law and there is no material to suggest any bias or investigating agency. It is further iterated by learned State counsel that the claim of the petitioner o to dilute the gravity of the allegations against him. It is further submitted that the representations made by the petitioner to higher police authorities have been duly considered and merely because n investigation has been ordered does not presumption of unfairness. Lastly, it has been contended that the petitioner has failed to place any cogent material on record to substantiate his allegations of strength of these submissions, dismissal of the petition in hand is for. 5. perused the paper -45578-2025 aforementioned submissions, learned counsel has canvassed that in the interest of justice, the investigation of the present case deserves to be entrusted to an officer not below the rank of an the District Sirsa to ensure fairness, transparency and to protect the rights of the petitioner, who is, in fact, a victim rather than an accused. Per contra, learned State (on the st the grant of instant petition by arguing that implication as raised by the petitioner are wholly misconceived and devoid of merit. Learned State counsel has iterated that the present matter has been conducted strictly in accordance with the law and there is no material to suggest any bias or investigating agency. It is further iterated by learned State counsel that the claim of the petitioner of being a victim is an afterthought, cleverly designed to dilute the gravity of the allegations against him. It is further submitted that the representations made by the petitioner to higher police authorities have been duly considered and merely because n investigation has been ordered does not presumption of unfairness. Lastly, it has been contended that the petitioner has failed to place any cogent material on record to substantiate his allegations of collusion between the complainant and the local police. strength of these submissions, dismissal of the petition in hand is I have heard learned counsel for the rival parties and have perused the paper-book. 4 , learned counsel has canvassed that in the interest of justice, the investigation of the present case deserves to be not below the rank of an IPS Officer or an officer District Sirsa to ensure fairness, transparency and to protect the rights of the petitioner, who is, in fact, a victim rather than an accused. (on the strength of advance notice) has the grant of instant petition by arguing that the allegations of false implication as raised by the petitioner are wholly misconceived and devoid Learned State counsel has iterated that the investigation in present matter has been conducted strictly in accordance with the law and there is no material to suggest any bias or mala fide on the part of the investigating agency. It is further iterated by learned State counsel that the f being a victim is an afterthought, cleverly designed to dilute the gravity of the allegations against him. It is further submitted that the representations made by the petitioner to higher police authorities have been duly considered and merely because no separate or independent investigation has been ordered does not ipso facto give rise to any presumption of unfairness. Lastly, it has been contended that the petitioner has failed to place any cogent material on record to substantiate his collusion between the complainant and the local police. On the strength of these submissions, dismissal of the petition in hand is entreated I have heard learned counsel for the rival parties and have , learned counsel has canvassed that in the interest of justice, the investigation of the present case deserves to be or an officer District Sirsa to ensure fairness, transparency and to protect the rength of advance notice) has the allegations of false implication as raised by the petitioner are wholly misconceived and devoid investigation in the present matter has been conducted strictly in accordance with the law and on the part of the investigating agency. It is further iterated by learned State counsel that the f being a victim is an afterthought, cleverly designed to dilute the gravity of the allegations against him. It is further submitted that the representations made by the petitioner to higher police authorities have o separate or independent give rise to any presumption of unfairness. Lastly, it has been contended that the petitioner has failed to place any cogent material on record to substantiate his On the entreated I have heard learned counsel for the rival parties and have AJAY KUMAR 2025.08.22 17:10 I attest to the accuracy and integrity of this document CRM-M- 6. passed in and others, 7. transfer of investigation of the FIR IPS Officer alleged that the local police in collusion with the private respondents is -45578-2025 It would be apposite to refer herein to a judgment of this Court passed in CRM-M-34678-2024 titled as and others, decided on 31.07.2024; relevant whereof reads as under: “11. As a sequel to above rumination, the following postulates of emerge: I. An Illaqa/Jurisdictional Magistrate has; by virtue of Sections 173 and 175 of BNSS, 2023; the necessary powers and jurisdiction to grant plea(s) for issuance of direction(s) for registration of an FIR, monitoring of investigation in an FIR, change of investigating officer and prayer(s) of alike nature. II. Ordinarily, an applicant/complainant ought to approach, in the first instance, the Court of Illaqa/Jurisdictional Magistrate to seek prayer(s) for issuance of direction(s) for registratio in an FIR as also other prayers of akin nature. III. In a given case, if the facts/circumstances so warrant, the High Court is well within its jurisdiction to entertain and consider plea(s) seeking registration of an FIR, monitoring of investigation in an FIR, constituting an SIT (Special Investigating Team), change of investigating officer & all such prayer(s) of such kind and nature. However, it would be prudent that an applicant/complainant, while seeking to invo Court under Section 528 of BNSS, 2023 in the first instance seeking prayer(s) of above nature, shows sufficient cause for not having approached the Illaqa/Jurisdictional Magistrate in the first instance. IV. A High Court, in its inherent jurisdiction under Section 528 of BNSS, 2023 has unbridled, unfettered and plenary powers. The only restriction on exercise of such powers is self-restraint. No inflexible and comprehensive guidelines can conceivably be enumerated governing the intrinsic powers by a High Court under Section 528 of BNSS, 2023. There is no gainsaying that the nature, mode and extent of such exercise of powers by a High Court under Section 528 of BNSS, 2023 shall depend upon the judicial discretion exercised by a High Court in the facts and given case.” The prime prayer made in the transfer of investigation of the FIR ibid to an officer Officer or in the alternative to an officer outside alleged that the local police in collusion with the private respondents is 5 posite to refer herein to a judgment of this Court titled as AXXXX vs. vs. State of Punjab relevant whereof reads as under:- As a sequel to above rumination, the following postulates of An Illaqa/Jurisdictional Magistrate has; by virtue of Sections 173 and 175 of BNSS, 2023; the necessary powers and jurisdiction to grant plea(s) for issuance of direction(s) for registration of an FIR, monitoring of investigation change of investigating officer and prayer(s) of alike nature. , an applicant/complainant ought to approach, in the first instance, the Court of Illaqa/Jurisdictional Magistrate to seek prayer(s) for issuance of direction(s) for registration of an FIR, monitoring of investigation in an FIR as also other prayers of akin nature. In a given case, if the facts/circumstances so warrant, the High Court is well within its jurisdiction to entertain and consider plea(s) seeking an FIR, monitoring of investigation in an FIR, constituting an SIT (Special Investigating Team), change of investigating officer & all such prayer(s) of such kind and nature. However, it would be prudent that an applicant/complainant, while seeking to invoke the jurisdiction of a High Court under Section 528 of BNSS, 2023 in the first instance seeking prayer(s) of above nature, shows sufficient cause for not having approached the Illaqa/Jurisdictional Magistrate in the first instance. ts inherent jurisdiction under Section 528 of BNSS, 2023 has unbridled, unfettered and plenary powers. The only restriction on restraint. No inflexible and comprehensive guidelines can conceivably be enumerated governing the exercise of these intrinsic powers by a High Court under Section 528 of BNSS, 2023. There is no gainsaying that the nature, mode and extent of such exercise of powers by a High Court under Section 528 of BNSS, 2023 shall depend upon the judicial n exercised by a High Court in the facts and circumstances of a The prime prayer made in the present petition is for seeking to an officer not below the rank of e to an officer outside District Sirsa, as it is alleged that the local police in collusion with the private respondents is posite to refer herein to a judgment of this Court AXXXX vs. vs. State of Punjab As a sequel to above rumination, the following postulates of law An Illaqa/Jurisdictional Magistrate has; by virtue of Sections 173 and 175 of BNSS, 2023; the necessary powers and jurisdiction to grant plea(s) for issuance of direction(s) for registration of an FIR, monitoring of investigation , an applicant/complainant ought to approach, in the first instance, the Court of Illaqa/Jurisdictional Magistrate to seek prayer(s) for n of an FIR, monitoring of investigation In a given case, if the facts/circumstances so warrant, the High Court is well within its jurisdiction to entertain and consider plea(s) seeking an FIR, monitoring of investigation in an FIR, constituting an SIT (Special Investigating Team), change of investigating officer & all such prayer(s) of such kind and nature. However, it would be prudent that an ke the jurisdiction of a High Court under Section 528 of BNSS, 2023 in the first instance seeking prayer(s) of above nature, shows sufficient cause for not having approached the ts inherent jurisdiction under Section 528 of BNSS, 2023 has unbridled, unfettered and plenary powers. The only restriction on restraint. No inflexible and comprehensive exercise of these intrinsic powers by a High Court under Section 528 of BNSS, 2023. There is no gainsaying that the nature, mode and extent of such exercise of powers by a High Court under Section 528 of BNSS, 2023 shall depend upon the judicial circumstances of a for seeking the rank of an as it is alleged that the local police in collusion with the private respondents is AJAY KUMAR 2025.08.22 17:10 I attest to the accuracy and integrity of this document CRM-M- proceeding unfairly and towards the investigation. allegations of local police with the outcome of certain investigative steps does not investigation partial or collusive. petitioner has failed to make out any case warranting transfer of investigation. The law is well settled that the transfer of investigation is an extraordinary power which is to cogent material is placed on record establishing a likelihood of bias or mala fide action by the local investigating agency. In the present case, apart from bald allegations of collusion and the fact of injuries susta petitioner Court which would justify such interference. 8. higher police authorities and merely because no separate or independent investigation has been ordered in the investigation. to substantiate the claim fide action by the local investigating agency. facts/circumstances have been brought forward by the petitioner which may warrant interference by this Court under Section 528 of BNSS, 9. the BNSS is of an extraordinary and discretionary character, necessitating careful and judicious invocation. It is a trite principle of law that such -45578-2025 proceeding unfairly and has adopted a negligent and indifferent approach towards the investigation. The petitioner has failed to sub allegations of investigation in the FIR ibid local police in accordance with law. Mere dis with the outcome of certain investigative steps does not estigation partial or collusive. In the considered opinion of this Court, the petitioner has failed to make out any case warranting transfer of investigation. The law is well settled that the transfer of investigation is an extraordinary power which is to be exercised sparingly and only when cogent material is placed on record establishing a likelihood of bias or mala fide action by the local investigating agency. In the present case, apart from bald allegations of collusion and the fact of injuries susta , no substantive material has been brought to the notice of this Court which would justify such interference. The mere fact that the petitioner has filed representations higher police authorities and merely because no separate or independent investigation has been ordered does not ipso facto in the investigation. There exists no material to substantiate the claim of the petitioner action by the local investigating agency. facts/circumstances have been brought forward by the petitioner which may warrant interference by this Court under Section 528 of BNSS, The jurisdiction conferred upon this Court under Section 528 of the BNSS is of an extraordinary and discretionary character, necessitating careful and judicious invocation. It is a trite principle of law that such 6 has adopted a negligent and indifferent approach The petitioner has failed to substantiate his bare ibid having not been conducted by in accordance with law. Mere dis-satisfaction of the petitioner with the outcome of certain investigative steps does not ipso facto render the In the considered opinion of this Court, the petitioner has failed to make out any case warranting transfer of investigation. The law is well settled that the transfer of investigation is an be exercised sparingly and only when cogent material is placed on record establishing a likelihood of bias or mala fide action by the local investigating agency. In the present case, apart from bald allegations of collusion and the fact of injuries sustained by the , no substantive material has been brought to the notice of this Court which would justify such interference. The mere fact that the petitioner has filed representations higher police authorities and merely because no separate or independent ipso facto establish lack of fairness There exists no material nay cogent material on record of the petitioner which establishes a bias or mala action by the local investigating agency. No such accentuating facts/circumstances have been brought forward by the petitioner which may warrant interference by this Court under Section 528 of BNSS, 2023. The jurisdiction conferred upon this Court under Section 528 of the BNSS is of an extraordinary and discretionary character, necessitating careful and judicious invocation. It is a trite principle of law that such has adopted a negligent and indifferent approach stantiate his bare conducted by the satisfaction of the petitioner render the In the considered opinion of this Court, the petitioner has failed to make out any case warranting transfer of investigation. The law is well settled that the transfer of investigation is an be exercised sparingly and only when cogent material is placed on record establishing a likelihood of bias or mala fide action by the local investigating agency. In the present case, apart from ined by the , no substantive material has been brought to the notice of this The mere fact that the petitioner has filed representations to higher police authorities and merely because no separate or independent establish lack of fairness on record mala No such accentuating facts/circumstances have been brought forward by the petitioner which may The jurisdiction conferred upon this Court under Section 528 of the BNSS is of an extraordinary and discretionary character, necessitating careful and judicious invocation. It is a trite principle of law that such AJAY KUMAR 2025.08.22 17:10 I attest to the accuracy and integrity of this document CRM-M- jurisdiction is not to be exer solely in circumstances that unequivocally warrant the intervention of the Court to prevent manifest injustice or irreparable harm. exercise of its extraordinary powers, is not a forum for spec grievances or unsubstantiated apprehensions. Mere averments or generalized prayers, such as those seeking directions for insufficient to compel the Court to intervene. The petitioner bear fundamental and onerous obli cogent, credible, and immediate threat or an act of injustice requiring redress. appropriate to refer herein to an age old adage: is intended to supplement, not supplant, the ordinary remedies available under the general law. This jurisdiction is inherently constrained by the principles of judicial propriety and is invoked only where there exist efficacious alternative remed miscarriage of justice. Court cannot be compelled to act merely on the asking of petitioner. so would undermine the very sanctity and purpose of its extraordinary jurisdiction, reducing it to a mechanism for frivolous or unwarra In the present instance, the lack of substantive evidence negates any justification for the exercise of such powers and the Court finds no occasion to intervene in the absence of a clear and compelling case. 10. -45578-2025 jurisdiction is not to be exercised in routine or perfunctory matters, but solely in circumstances that unequivocally warrant the intervention of the Court to prevent manifest injustice or irreparable harm. exercise of its extraordinary powers, is not a forum for spec grievances or unsubstantiated apprehensions. Mere averments or generalized prayers, such as those seeking directions for insufficient to compel the Court to intervene. The petitioner bear fundamental and onerous obligation to substantiate cogent, credible, and prima facie evidence that demonstrates a real and immediate threat or an act of injustice requiring redress. appropriate to refer herein to an age old adage: “Judicial judgment must be informed and guided by the evidence on record; speculation or surmises has no place in the Court of Law” It is well-settled that the extraordinary jurisdiction of the Court is intended to supplement, not supplant, the ordinary remedies available under the general law. This jurisdiction is inherently constrained by the principles of judicial propriety and is invoked only where there exist efficacious alternative remedy or where failure to act would result in the miscarriage of justice. Absent sufficient material or evidentiary basis, the Court cannot be compelled to act merely on the asking of petitioner. so would undermine the very sanctity and purpose of its extraordinary jurisdiction, reducing it to a mechanism for frivolous or unwarra In the present instance, the lack of substantive evidence negates any justification for the exercise of such powers and the Court finds no occasion to intervene in the absence of a clear and compelling case. As an upshot of above-said rumination, it is directed as follows: 7 cised in routine or perfunctory matters, but solely in circumstances that unequivocally warrant the intervention of the Court to prevent manifest injustice or irreparable harm. The Court, in the exercise of its extraordinary powers, is not a forum for speculative grievances or unsubstantiated apprehensions. Mere averments or generalized prayers, such as those seeking directions for impartial investigation, are insufficient to compel the Court to intervene. The petitioner bears gation to substantiate his allegations with evidence that demonstrates a real and immediate threat or an act of injustice requiring redress. It would be appropriate to refer herein to an age old adage: must be informed and guided by the evidence on record; speculation or surmises has no place in the Court of Law” settled that the extraordinary jurisdiction of the Court is intended to supplement, not supplant, the ordinary remedies available under the general law. This jurisdiction is inherently constrained by the principles of judicial propriety and is invoked only where there exists or where failure to act would result in the ufficient material or evidentiary basis, the Court cannot be compelled to act merely on the asking of petitioner. To do so would undermine the very sanctity and purpose of its extraordinary jurisdiction, reducing it to a mechanism for frivolous or unwarranted claims. In the present instance, the lack of substantive evidence negates any justification for the exercise of such powers and the Court finds no occasion to intervene in the absence of a clear and compelling case. umination, it is directed as follows: cised in routine or perfunctory matters, but solely in circumstances that unequivocally warrant the intervention of the The Court, in the ulative grievances or unsubstantiated apprehensions. Mere averments or generalized , are s a allegations with evidence that demonstrates a real and It would be must be informed and guided by the evidence on settled that the extraordinary jurisdiction of the Court is intended to supplement, not supplant, the ordinary remedies available under the general law. This jurisdiction is inherently constrained by the no or where failure to act would result in the ufficient material or evidentiary basis, the To do so would undermine the very sanctity and purpose of its extraordinary nted claims. In the present instance, the lack of substantive evidence negates any justification for the exercise of such powers and the Court finds no occasion umination, it is directed as follows: AJAY KUMAR 2025.08.22 17:10 I attest to the accuracy and integrity of this document CRM-M- (i) stands dismissed. (ii) merits of the matter and the same is left open to be considered in appropriate proceedings, if so initiated. (iii) August 21 Ajay -45578-2025 The instant petition filed under Section 528 of BNSS, 2023 stands dismissed. Needless to state herein that this Court has not delved into the merits of the matter and the same is left open to be considered in appropriate proceedings, if so initiated. Pending application(s), if any, shall also stand disposed off. August 21, 2025 Whether speaking/reasoned: Whether reportable: 8 he instant petition filed under Section 528 of BNSS, 2023 Needless to state herein that this Court has not delved into the merits of the matter and the same is left open to be considered in appropriate Pending application(s), if any, shall also stand disposed off. (SUMEET GOEL) JUDGE Yes/No Yes/No he instant petition filed under Section 528 of BNSS, 2023 Needless to state herein that this Court has not delved into the merits of the matter and the same is left open to be considered in appropriate AJAY KUMAR 2025.08.22 17:10 I attest to the accuracy and integrity of this document