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2025 DAILYLAW 93515 (PNJ)

SUNIL SOOD v. STATE OF PUNJAB AND OTHERS

CRM-M/46458/2025 · 2025-08-26

Yashvir Singh Rathor

body2025

Judgment text

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S. No.116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-46458 of 2025 Date of Decision:26.08.2025 Sunil Sood .....Petitioner Vs. State of Punjab and others .....Respondents CORAM:- HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present:- Mr. Rajesh Punj, Advocate for the petitioner. Mr. Gorav Kathuria, DAG, Punjab. **** Yashvir Singh Rathor, J. (Oral) This petition has been filed under Section 528 of Bharatiya Nagrik Suraksha Sanhita 2023 (BNSS) for directing respondents No.6 and 7 not to force respondents No.1 to 5 to register FIR against the petitioner. A co-ordinate Bench of this Court in CWP No.861 of 2023 titled Sunit Dutt Verma Vs. National Commission for Scheduled Castes and others decided vide judgment dated 08.07.2025 has held that National Commission for Scheduled Castes cannot issue directions for registration of FIR and such a direction can be considered only as recommendatory in nature. It was further directed that the concerned authorities may consider such recommendation and take independent action thereon in accordance with law. Upon notice, the State Counsel has appeared. Both the parties have been heard and material placed on the file has been perused. In the present case also, petitioner has an apprehension that respon- dents No.6 and 7 who are the Chairman and Member of Punjab State Scheudled Castes & Scheduled Tribes Commission are forcing respondents No.1 RENU 2025.08.27 16:22 I attest to the accuracy and integrity of this document Chandigarh CRM-M-46458 of 2025 -2- to 5 to register an FIR against the petitioner under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, but no such direction can be issued. Accordingly, in the light of decision in Sunil Dutt Verma’s case (supra), it is directed that any such direction issued by respondents No.6 and 7 shall be considered as a recommendation and authorities shall take independent action thereon in accordance with law. Petition is disposed of. (Yashvir Singh Rathor) Judge August 26, 2025 renu Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RENU 2025.08.27 16:22 I attest to the accuracy and integrity of this document Chandigarh