CRM-M-35170 127 Rohit and others State of Punjab CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Shalini Singh Nagpal, J. 1. directing official respondents to No.0151 dated 04.06.2026, under Section 3 of The Prevention of Damage Public Property Act, 1984 and Section 324(3) of BNS, Police Station City Khanna, District Khanna 2. private respondents No.6 No.8 contested election of Municipal Committee on 29.05.2026 from AAP party and was elected M.C. the petitioners who did not support them in the MC election. On 30. at about 4:00 PM, respondents No.6 to 11 picked up quarrel with petitioners, abused approached the police and moved a complaint 35170-2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH and others VERSUS Punjab and others CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Mr. Vishal Mehta, Advocate for the petitioner Mr. Ferry Sofat, Additional A.G., Punjab and Mr. Kunwarbir Singh, Assistant *** Shalini Singh Nagpal, J. The petition under Section 528 of BNSS official respondents to conduct fair and proper investigation in FIR No.0151 dated 04.06.2026, under Section 3 of The Prevention of Damage Property Act, 1984 and Section 324(3) of BNS, Police Station City Khanna, District Khanna through an independent agency. Learned counsel for the petitioners submits that petitioners and private respondents No.6 to 11 had different political affiliation. No.8 contested election of Municipal Committee on 29.05.2026 from AAP party and was elected M.C. Respondents No.6 t the petitioners who did not support them in the MC election. On 30. at about 4:00 PM, respondents No.6 to 11 picked up quarrel with , abused, chased him and gave hed the police and moved a complaint 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-35170-2026 (O&M) Date of decision: 03.07.2026 Petitioners Respondents CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL dvocate for the petitioners. Mr. Ferry Sofat, Additional A.G., Punjab and ssistant A.G., Punjab. Section 528 of BNSS has been filed for conduct fair and proper investigation in FIR No.0151 dated 04.06.2026, under Section 3 of The Prevention of Damage to Property Act, 1984 and Section 324(3) of BNS, Police Station City-2, an independent agency. ned counsel for the petitioners submits that petitioners and to 11 had different political affiliation. Respondent No.8 contested election of Municipal Committee on 29.05.2026 from AAP Respondents No.6 to 11 nursed grudge against the petitioners who did not support them in the MC election. On 30.05.2026 at about 4:00 PM, respondents No.6 to 11 picked up quarrel with one of the and gave him life threats. Petitioners hed the police and moved a complaint on 30.05.2026 against private M) .2026 s Respondents has been filed for conduct fair and proper investigation in FIR to 2, ned counsel for the petitioners submits that petitioners and Respondent No.8 contested election of Municipal Committee on 29.05.2026 from AAP grudge against 05.2026 one of the . Petitioners private KAPIL 2026.07.06 10:00 I attest to the accuracy and integrity of this document CRM-M-35170 respondents No.6 to 11 but no action was taken. Thereafter, moved on 01.06 action was taken. Rather the police No.0151 dated 04.06.2026, under Section 3 of The Prevention of Damage to Public Property Act, 1984 and Section 324(3) of BNS concocted story, after four days of the incident. P-1 and P-4 to the official respondents for conducting fair and proper inquiry met with no action official respondents to look into his representation while conducting investigation 3. which petitioner was accused was underway. Every angle of the case was being looked into also being verified 4. 5. U.P. and others, (2008) 2 SCC 409, Hemant Yashwant Dhage and others, (2016) 6 SCC the High Courts are flooded with writ petitions praying for first information report or praying for proper investigation and that if the High Courts entertain such writ petitions, they will be flooded and may not be able to do any other work except dealing with such writ petitions. Therefore, th the Magistrate concerned under Section 156(3) Cr.P.C and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first 35170-2026 (O&M) respondents No.6 to 11 but no action was taken. Thereafter, 01.06.2026 before SSP, Khanna action was taken. Rather the police involved the No.0151 dated 04.06.2026, under Section 3 of The Prevention of Damage to Public Property Act, 1984 and Section 324(3) of BNS concocted story, after four days of the incident. to the official respondents for conducting fair and proper inquiry no action. Learned counsel limits official respondents to look into his representation while conducting investigation. Learned State counsel submits that investigation in the which petitioner was accused was underway. Every angle of the case was being looked into and Annexure P-5 attendance register of the petitioner was verified. Heard. Hon'ble Supreme Court of India in U.P. and others, (2008) 2 SCC 409, and Hemant Yashwant Dhage and others, (2016) 6 SCC the High Courts are flooded with writ petitions praying for first information report or praying for proper investigation and that if the High Courts entertain such writ petitions, they will be flooded and may not be able to do any other work except dealing with such writ petitions. Therefore, the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first 2 respondents No.6 to 11 but no action was taken. Thereafter, application was .2026 before SSP, Khanna regarding the incident, yet no involved the petitioner in false FIR No.0151 dated 04.06.2026, under Section 3 of The Prevention of Damage to Public Property Act, 1984 and Section 324(3) of BNS on a false and concocted story, after four days of the incident. Representations Annexure to the official respondents for conducting fair and proper inquiry . Learned counsel limits his prayer for a direction to official respondents to look into his representations Annexure P-1 and P-4 submits that investigation in the FIR, in which petitioner was accused was underway. Every angle of the case was 5 attendance register of the petitioner was 'ble Supreme Court of India in Sakiri Vasu vs. State of and Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage and others, (2016) 6 SCC 277, has observed that the High Courts are flooded with writ petitions praying for registration of the first information report or praying for proper investigation and that if the High Courts entertain such writ petitions, they will be flooded and may not be able to do any other work except dealing with such writ petitions. e complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first was , yet no in false FIR No.0151 dated 04.06.2026, under Section 3 of The Prevention of Damage to on a false and Annexure to the official respondents for conducting fair and proper inquiry his prayer for a direction to 4 , in which petitioner was accused was underway. Every angle of the case was 5 attendance register of the petitioner was Sakiri Vasu vs. State of Sudhir Bhaskarrao Tambe v. 277, has observed that registration of the first information report or praying for proper investigation and that if the High Courts entertain such writ petitions, they will be flooded and may not be able to do any other work except dealing with such writ petitions. e complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) Cr.P.C and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first KAPIL 2026.07.06 10:00 I attest to the accuracy and integrity of this document CRM-M-35170 information report and also ensure a he can also monitor the investigation. 6. Annexure P- Except vague allegations of pressure and demand of illegal gratification without any specifics of name time and place FIR lodged against the petitioner sanguine that the matter would be investigated in fair and impartial manner and version of the petitioner as put forth in Annexure P attendance register would be considered. 7. 8. 03.07.2026 Kapil 35170-2026 (O&M) information report and also ensure a proper investigation in the matter, and he can also monitor the investigation. If no action has yet been taken on petitioner’s -2, the bona fides of investigating agency cannot be doubted xcept vague allegations of pressure exerted and demand of illegal gratification without any specifics of name time and place, there is nothing on record to suspect that investigation in lodged against the petitioner is not proceeding fairly. The that the matter would be investigated in fair and impartial manner and version of the petitioner as put forth in Annexure P attendance register would be considered. The petition stands disposed of. Pending applications, if any, stand disposed of. Whether Speaking/Reasoned : Whether Reportable : 3 proper investigation in the matter, and as yet been taken on petitioner’s representation 2, the bona fides of investigating agency cannot be doubted. exerted by the police for compromise and demand of illegal gratification without any specifics of names, date, here is nothing on record to suspect that investigation in the not proceeding fairly. The Court is that the matter would be investigated in fair and impartial manner and version of the petitioner as put forth in Annexure P-1 and P-5, The petition stands disposed of. Pending applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) JUDGE Whether Speaking/Reasoned : Yes/No Yes/No proper investigation in the matter, and representation . by the police for compromise , date, the is that the matter would be investigated in fair and impartial manner 5, (SHALINI SINGH NAGPAL) KAPIL 2026.07.06 10:00 I attest to the accuracy and integrity of this document