CRA-S-4285-2024 and CRA-S-8-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA 101+202 DEVENDER STATE OF HARYANA AND ANOTHER GAURAV @ LUKKA STATE OF HARYANA AND ANOTHER CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH Present: Mr. Devender Kumar, Advocate, and Mr. Karan Singh, Advocate, for the appellants (in both the cases). Mr. Kanwar Sanjiv Kumar, AAG, Haryana. Mr. for the complainant. SANJAY VASHISTH, J. CRM-3988-2025 in CRA 1. Present application has been moved by the applicant/appellant, for impleading the aggrieved persons as respondent Nos.3 to 21, in the present appeal. 2. Amended memo of parties has also been appended with the present application. 2024 (O&M) 2025 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRA-S-4285-2024 (O&M) Versus STATE OF HARYANA AND ANOTHER CRA-S-8-2025 GAURAV @ LUKKA Versus STATE OF HARYANA AND ANOTHER HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Devender Kumar, Advocate, and Mr. Karan Singh, Advocate, for the appellants (in both the cases). Mr. Kanwar Sanjiv Kumar, AAG, Haryana. Mr. Ranjeet Singh Chauhan, Advocate, for the complainant. **** SANJAY VASHISTH, J. 2025 in CRA-S-4285-2024 Present application has been moved by the applicant/appellant, for impleading the aggrieved persons as respondent Nos.3 to 21, in the Amended memo of parties has also been appended with the present application. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (O&M) …...Petitioner …...Respondents …...Petitioner …...Respondents Decided on: 08.07.2025 HON'BLE MR. JUSTICE SANJAY VASHISTH Mr. Devender Kumar, Advocate, and for the appellants (in both the cases). Mr. Kanwar Sanjiv Kumar, AAG, Haryana. Ranjeet Singh Chauhan, Advocate, Present application has been moved by the applicant/appellant, for impleading the aggrieved persons as respondent Nos.3 to 21, in the Amended memo of parties has also been appended with the LAVISHA 2025.07.08 07:09 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRA-S-4285-2024 and CRA-S-8-2025 3. Considering the averments mentioned in the application, prayer made therein is allowed, and the concerned aggrieved persons are ordered to be impleaded as memo of parties is ordered to be taken on record. Registry is directed to tag the same at the appropriate place on the file. 4. CM stands disposed of. CRA-S-4285-2024 and CRA 1. Mr. Ranjeet appearing on behalf of respondent No.2, submits that he is now also appearing on behalf of the newly added respondent Nos.3 to 21. 2. After going through the record, in the present appeals, on 06.02.2025, followin 2024 (O&M) 2025 2 Considering the averments mentioned in the application, prayer made therein is allowed, and the concerned aggrieved persons are ordered to be impleaded as respondent Nos.3 to 21 in the present appeal. Amended memo of parties is ordered to be taken on record. Registry is directed to tag the same at the appropriate place on the file. CM stands disposed of. 2024 and CRA-S-8-2025 Mr. Ranjeet Singh Chauhan, Advocate, who was already appearing on behalf of respondent No.2, submits that he is now also appearing on behalf of the newly added respondent Nos.3 to 21. After going through the record, in the present appeals, on 06.02.2025, following order was passed by this Court: “Status report by way of affidavit of Kuldeep Singh, HPS, Deputy Superintendent of Police, Palwal, District Palwal, has been filed on behalf of respondent No.1 (in CRA-S-8-2025), the same is taken on record. Regist to tag the same at appropriate place. As per allegations, the persons of jatav community organized a Tableau in honor of Dr. B.R. Ambedkar, as it is done every year, their way was blocked by the persons of rajput community and when the jatav community people altered the route of the procession, people of jat community joined rajput community and hurled casteist slurs at the women of the group, threatening them to harm, if they would not go back. To protect themselves, people of jatav community called t spot and on arrival of the police vehicle, same was chased by the assailants. Thereafter, Sarpanch Satish and Nambardar Ashok were also connected to mediate. Station House Officer of Hasarpur Police Station arrived with his team an doing some efforts, the police team was able to protect the group and disperse people of all communities. On advance notice, learned State counsel puts in appearance and submits that in fact, no violence took place and the situation was controlle Considering the averments mentioned in the application, prayer made therein is allowed, and the concerned aggrieved persons are ordered to respondent Nos.3 to 21 in the present appeal. Amended memo of parties is ordered to be taken on record. Registry is directed to tag Singh Chauhan, Advocate, who was already appearing on behalf of respondent No.2, submits that he is now also appearing on behalf of the newly added respondent Nos.3 to 21. After going through the record, in the present appeals, on g order was passed by this Court:- “Status report by way of affidavit of Kuldeep Singh, HPS, Deputy Superintendent of Police, Palwal, District Palwal, has been filed on behalf of respondent No.1-State 2025), the same is taken on record. Registry to tag the same at appropriate place. As per allegations, the persons of jatav community organized a Tableau in honor of Dr. B.R. Ambedkar, as it is done every year, their way was blocked by the persons of rajput community and when the jatav community people altered the route of the procession, people of jat community joined rajput community and hurled casteist slurs at the women of the group, threatening them to harm, if they would not go back. To protect themselves, people of jatav community called the police there on the spot and on arrival of the police vehicle, same was Thereafter, Sarpanch Satish and Nambardar Ashok were also connected to mediate. Station House Officer of Hasarpur Police Station arrived with his team and after doing some efforts, the police team was able to protect the group and disperse people of all communities. On advance notice, learned State counsel puts in appearance and submits that in fact, no violence took place and the situation was controlled by the police team LAVISHA 2025.07.08 07:09 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRA-S-4285-2024 and CRA-S-8-2025 2024 (O&M) 2025 3 which was headed by SHO namely SI Ajit Singh then SHO Hasanpur police station. Mr. Ranjeet Singh Chauhan, Advocate, puts in appearance on behalf of respondent Nos.2 to 21 and has filed his Power of Attorney in Court (in both cases), same are taken on record. Since, it appears to be social issue between the two/three different communities of the society, it requires to be looked into deeply by the District Administration to set the law and order in acceptable form. It is also noticed that communal disputes of such nature have been happening every year, whenever there is some sentimental public procession. Therefore, considering to maintain law and order situation, by the officers of the District, it is directed that the efforts would be made to make the people enlighten to not to get involved in such like activities which develops hatred views/ideas between the members of two or more groups of different communities. Theory of curing a problem is always more beneficial than the prevention. Generally social leaders or even the officers sitting on responsible posts in the districts do not get indulged or participate actively to make the people understand or awakened, so that instead of developing hatred feelings/ideas, they may acc view of the others also by having some responsible qua the different communities. Therefore, the officers of the District Administration i.e. Deputy Commissioner/Commissioner of District, and Senior Superintendent of Police are directed to form a t the officers and to depute them to achieve the object by contacting the leading persons of the communities who were involved in disturbing the atmosphere. Let the responsible people of all the three communities which are mentioned in the FIR be call approached by the team members themselves and then to make effort for some amicable solution, so that such kind of problems may not arise every year. Adjourned to 27.03.2025. Let the required report be filed in this regard, In the meantime, arrest of the petitioner(s) is stayed. Photocopy of this order be placed on the file of connected case.” which was headed by SHO namely SI Ajit Singh then SHO Hasanpur police station. Mr. Ranjeet Singh Chauhan, Advocate, puts in appearance on behalf of respondent Nos.2 to 21 and has filed his Power of Attorney in Court (in both cases), the Since, it appears to be social issue between the two/three different communities of the society, it requires to be looked into deeply by the District Administration to set the law and order in acceptable form. It is also iced that communal disputes of such nature have been happening every year, whenever there is some sentimental public procession. Therefore, considering to maintain law and order situation, by the officers of the District, it is directed that would be made to make the people enlighten to not to get involved in such like activities which develops hatred views/ideas between the members of two or more groups of different communities. Theory of curing a problem is always more prevention. Generally social leaders or even the officers sitting on responsible posts in the districts do not get indulged or participate actively to make the people understand or awakened, so that instead of developing hatred feelings/ideas, they may accept the view of the others also by having some responsible qua the different communities. Therefore, the officers of the District Administration i.e. Deputy Commissioner/Commissioner of District, and Senior Superintendent of Police are directed to form a team of the officers and to depute them to achieve the object by contacting the leading persons of the communities who were involved in disturbing the atmosphere. Let the responsible people of all the three communities which are mentioned in the FIR be called in office or be approached by the team members themselves and then to make effort for some amicable solution, so that such kind of problems may not arise every year. Adjourned to 27.03.2025. Let the required report be filed in this regard, In antime, arrest of the petitioner(s) is stayed. Photocopy of this order be placed on the file of LAVISHA 2025.07.08 07:09 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRA-S-4285-2024 and CRA-S-8-2025 3. With an object to finish the dispute and developing the harmonious relations between the different groups of the society, this Court suggested some methods, and thus, passed following order on 27.03.2025: 4. Again, on 22.04.2025, following Court:- 2024 (O&M) 2025 4 With an object to finish the dispute and developing the ous relations between the different groups of the society, this Court suggested some methods, and thus, passed following order on 27.03.2025: “1. Learned State counsel has filed status report dated 26.03.2025 in the Court today and the same is taken on record. Copy thereof has already been supplied to the counsel opposite. 2. Court is informed that the required Committee has been formed, however, there being no cooperation at the instance of the complainant the object highlighted in the previous order dated 06.02.2025, is very difficult to achieve. 3. On hearing learned State counsel, who is assisted by the Police Officers who are present today, this Court thinks it appropriate to appoint an amicus curiae to resolve the issue, who would look into the whole controversy and the reason behind the dispute and then would assist the Court. 4. Counsel for the complainant submits that he requires some help from the other counsel also, and he shall apprise this Court some counsel of Distr Association, Palwal to assist this Court, on the next date of hearing. 5. List again on 22.04.2025. 6. Interim order to continue. 7. A photocopy of this order be placed on the file of other connected case.” Again, on 22.04.2025, following “1. Order dated 06.02.2025, whereby arrest of the appellants (in both the cases) was ordered to be stayed by this Court, is modified by observing that appellants would join the investigation within a period of two weeks from today, and on doing so, they would be released on interim bail by the Investigating Officer, subject to their furnishing bail bonds to the satisfaction of the Arresting Officer. The appellants shall also be abide by all the conditions laid down under Se 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 2. Besides, it is directed that appellants would hand over their passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would With an object to finish the dispute and developing the ous relations between the different groups of the society, this Court suggested some methods, and thus, passed following order on 27.03.2025:- Learned State counsel has filed status report dated 26.03.2025 in the Court today and the same is taken on cord. Copy thereof has already been supplied to the Court is informed that the required Committee has been formed, however, there being no cooperation at the instance of the complainant-party or its representative, ed in the previous order dated 06.02.2025, is very difficult to achieve. On hearing learned State counsel, who is assisted by the Police Officers who are present today, this Court thinks it appropriate to appoint an amicus curiae to ho would look into the whole controversy and the reason behind the dispute and then Counsel for the complainant submits that he requires some help from the other counsel also, and he shall apprise this Court some counsel of District Bar Association, Palwal to assist this Court, on the next date List again on 22.04.2025. Interim order to continue. A photocopy of this order be placed on the file of Again, on 22.04.2025, following order was passed by this Order dated 06.02.2025, whereby arrest of the appellants (in both the cases) was ordered to be stayed by this Court, is modified by observing that appellants would join the investigation within a period of om today, and on doing so, they would be released on interim bail by the Investigating Officer, their furnishing bail bonds to the satisfaction of the Arresting Officer. The appellants shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). Besides, it is directed that appellants would hand over their passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would LAVISHA 2025.07.08 07:09 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRA-S-4285-2024 and CRA-S-8-2025 5. Today, this Court is informedby counsel for the appellants that in view of the direction passed by this Court, vide order dated 22.04.2025, appellants in both the cases, have joined investigation, and therefore, the appellants pray for confirmation of the interim anticipatory bail order, and then, to dispose of both the pending appeals. 6. On the other hand, learned State counsel dated 04.07.2025 in the Court today and the same is taken on record. Learned State counsel cases) have joined the investigation. He further submits that a Joint Committee has been constituted following the issuance of necessary instructions by the Deputy Commissioner, Palwal, and the Su Police, Palwal. The Committee comprises the SDM Civil, Hodal; DSP, Hodal; and Inspector Malkan Singh, and is actively working towards restoring peace and resolving the disputes between the different groups. However, members of the complaina are not agreeable to the proposed resolution. 7. Learned counsel for respondent Nos.2 to 21 raises certain technical objections regarding the maintainability of both the appeals. He also expresses apprehension that therefore, there is no assurance that in the future, if similar procession is 2024 (O&M) 2025 5 submit an affidavit, disclosing the possess any passport. 3. It is also directed that before leaving country any time during trial, appellants would seek prior permission of the Court. 4. Adjourned to 08.07.2025. 5. A photocopy of this order be placed on the file of other connected case.” Today, this Court is informedby counsel for the appellants that in view of the direction passed by this Court, vide order dated 22.04.2025, appellants in both the cases, have joined investigation, and therefore, the pray for confirmation of the interim anticipatory bail order, and then, to dispose of both the pending appeals. On the other hand, learned State counsel dated 04.07.2025 in the Court today and the same is taken on record. Learned State counsel confirms that appellants (in both the cases) have joined the investigation. He further submits that a Joint Committee has been constituted following the issuance of necessary instructions by the Deputy Commissioner, Palwal, and the Su Police, Palwal. The Committee comprises the SDM Civil, Hodal; DSP, Hodal; and Inspector Malkan Singh, and is actively working towards restoring peace and resolving the disputes between the different groups. However, members of the complainant party, i.e., respondent Nos.2 to 21, are not agreeable to the proposed resolution. Learned counsel for respondent Nos.2 to 21 raises certain technical objections regarding the maintainability of both the appeals. He also expresses apprehension that such a procession may occur annually, and therefore, there is no assurance that in the future, if similar procession is submit an affidavit, disclosing the fact that they do not It is also directed that before leaving country any time during trial, appellants would seek prior Adjourned to 08.07.2025. A photocopy of this order be placed on the other connected case.” Today, this Court is informedby counsel for the appellants that in view of the direction passed by this Court, vide order dated 22.04.2025, appellants in both the cases, have joined investigation, and therefore, the pray for confirmation of the interim anticipatory bail order, and On the other hand, learned State counsel has filed status report dated 04.07.2025 in the Court today and the same is taken on record. confirms that appellants (in both the cases) have joined the investigation. He further submits that a Joint Committee has been constituted following the issuance of necessary instructions by the Deputy Commissioner, Palwal, and the Superintendent of Police, Palwal. The Committee comprises the SDM Civil, Hodal; DSP, Hodal; and Inspector Malkan Singh, and is actively working towards restoring peace and resolving the disputes between the different groups. nt party, i.e., respondent Nos.2 to 21, Learned counsel for respondent Nos.2 to 21 raises certain technical objections regarding the maintainability of both the appeals. He such a procession may occur annually, and therefore, there is no assurance that in the future, if similar procession is LAVISHA 2025.07.08 07:09 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRA-S-4285-2024 and CRA-S-8-2025 held at the instance of the complainant party, there would not be another attempt by members of the petitioners’ group to disrupt the sa 8. This Court has taken into consideration the overall circumstances, including the apprehensions expressed by counsel for respondent Nos.2 to 21. allegation of any person having suffered physical procession. However, it is evident that sentiments of certain individuals have been hurt. In such a situation, the primary objective must be peace in the city. Accordingly, the administration of District Palwal is dire take all necessary measures to ensure public order. Furthermore, it is emphasized that, in the event organized by either side in the future, appropriate precautionary steps must be taken in advance 9. At this stage, learned State counsel informs that during the pendency of the present appeals, a similar procession was held in the year 2025. Anticipating a potential adverse situation, the administration took all necessary precautionary measures in advance and successfully ensured that no untoward incident occurred, unlike the situation highlighted in the present appeals concerning the events of 2024. 10. In the opinion of this Court, such proactive administrative action is indeed commendable. It is expected that, in future as well, similar arrangements will be made whenever any procession or public gathering is organized in the city, so as to maintain peace and public order. 2024 (O&M) 2025 6 held at the instance of the complainant party, there would not be another attempt by members of the petitioners’ group to disrupt the sa This Court has taken into consideration the overall circumstances, including the apprehensions expressed by counsel for respondent Nos.2 to 21. Prima facie, it appears that, as of now, there is no allegation of any person having suffered physical procession. However, it is evident that sentiments of certain individuals have been hurt. In such a situation, the primary objective must be peace in the city. Accordingly, the administration of District Palwal is dire take all necessary measures to ensure public order. Furthermore, it is emphasized that, in the event, any such procession or celebration is organized by either side in the future, appropriate precautionary steps must in advance, to prevent any untoward incident. At this stage, learned State counsel informs that during the pendency of the present appeals, a similar procession was held in the year 2025. Anticipating a potential adverse situation, the administration took all precautionary measures in advance and successfully ensured that no untoward incident occurred, unlike the situation highlighted in the present appeals concerning the events of 2024. In the opinion of this Court, such proactive administrative s indeed commendable. It is expected that, in future as well, similar arrangements will be made whenever any procession or public gathering is organized in the city, so as to maintain peace and public order. held at the instance of the complainant party, there would not be another attempt by members of the petitioners’ group to disrupt the same. This Court has taken into consideration the overall circumstances, including the apprehensions expressed by counsel for , it appears that, as of now, there is no allegation of any person having suffered physical injury during the said procession. However, it is evident that sentiments of certain individuals have been hurt. In such a situation, the primary objective must be, to maintain Accordingly, the administration of District Palwal is directed to take all necessary measures to ensure public order. Furthermore, it is any such procession or celebration is organized by either side in the future, appropriate precautionary steps must ent any untoward incident. At this stage, learned State counsel informs that during the pendency of the present appeals, a similar procession was held in the year 2025. Anticipating a potential adverse situation, the administration took all precautionary measures in advance and successfully ensured that no untoward incident occurred, unlike the situation highlighted in the In the opinion of this Court, such proactive administrative s indeed commendable. It is expected that, in future as well, similar arrangements will be made whenever any procession or public gathering is organized in the city, so as to maintain peace and public order. LAVISHA 2025.07.08 07:09 I attest to the accuracy and integrity of this document PHHC, Chandigarh CRA-S-4285-2024 and CRA-S-8-2025 11. Since no untoward incident has occurred du of the present appeals, it is deemed appropriate to make the interim order dated 22.04.2025, passed in both appeals, absolute. 12. Ordered accordingly. 13. However, appellants (in both the cases) the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. 14. Accordingly, both the appeals stand disposed of. 15. A photocopy of this order be placed o connected case. 08.07.2025 Lavisha 2024 (O&M) 2025 7 Since no untoward incident has occurred du of the present appeals, it is deemed appropriate to make the interim order dated 22.04.2025, passed in both appeals, absolute. Ordered accordingly. However, appellants (in both the cases) the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. Accordingly, both the appeals stand disposed of. A photocopy of this order be placed o connected case. Whether Speaking/Reasoned: Whether Reportable: Since no untoward incident has occurred during the pendency of the present appeals, it is deemed appropriate to make the interim order dated 22.04.2025, passed in both appeals, absolute. However, appellants (in both the cases) shall continue to join the investigation as and when required to do so and abide by all the terms and conditions laid down under Section 482(2) of BNSS, 2023. Accordingly, both the appeals stand disposed of. A photocopy of this order be placed on the file of other (SANJAY VASHISTH) JUDGE Whether Speaking/Reasoned: YES/NO YES/NO LAVISHA 2025.07.08 07:09 I attest to the accuracy and integrity of this document PHHC, Chandigarh