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High Court of Punjab and Haryana · body

2026 DAILYLAW 29415 (PNJ)

RAJAT RASTOGI v. STATE OF HARYANA AND ORS

CRM-M/37681/2026 · 2026-07-14

Shalini Singh Nagpal

body2026

Judgment text

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1 CRM-M-37681-2026 (O&M) IN THE HIGH COURT OF PUNJAB AN D HARYANA AT CHANDIGARH 128 CRM-M-37681-2026 (O&M) Date of decision: 14.07.2026 RAJAT RASTOGI PETITIONER VERSUS STATE OF HARYANA AND OTHERS RESPONDENTS CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Divyanshu Bansal, Advocate and Mr. Abhimanyu Singh, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG Haryana. *** Shalini Singh Nagpal, J. (Oral) 1. Vide this petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023, petitioner seeks directions to official respondents No.1 to 3 to conduct fair, impartial, expeditious and effective investigation in FIR No.129 dated 07.05.2026 under Sections 109(1), 61(2) of Bharatiya Nyaya Sanhita (B.N.S.), 2023 and 251(1-b)(a) of the Arms Act, 1959, Police Station, Sector 9-A, Gurugram, District Gurugram or to transfer investigation to some independent agency or senior officer. 2. Learned counsel for the petitioner submits that the above- mentioned FIR was registered on complaint of the petitioner regarding a firing incident dated 06.05.2026 by an unknown masked assailant. Only one person, namely, Vivek Kumar Tripathi was arrested who disclosed the complicity of Manoj Rastogi, stating that he (Manoj Rastogi alias Mannu) hired him for ₹5,00,000/- to commit the offence. He further submits that Manoj Rastogi alias Mannu, who had some relationship with petitioner’s sister-in-law was HARPREET SINGH CHAUHAN 2026.07.14 19:58 I agree to specified portions of this document 2 CRM-M-37681-2026 (O&M) not yet arrested. Investigation of case was not proceeding and the prayer is for directing the official respondents to conduct in fair, impartial manner. 3. Notice of motion to official respondents only. 4. Mr. Vikas Bhardwaj, AAG Haryana accepts notice on behalf of the respondent-State. He, on instructions from ASI Vikas, submits that after registration of FIR on 07.05.2026, four persons had been arrested out of five. Anticipatory bail of accused Manoj Rastogi alias Mannu had been declined by this Court recently and the police was making earnest efforts to arrest him. Investigation of the case was progressing at a satisfactory pace and there was no delay on part of the police. 5. At this stage of the case, from the averments made and the contents of the petition, it does not appear that investigation by the police is unfair, impartial or delayed. No directions are, therefore, required to be passed in respect of the prayer for fair and impartial investigation. However, considering the complaint made by the petitioner on which FIR has been registered, the State is required to protect the life and liberty of the petitioner which appears to be in danger. As such, official respondents are directed to expeditiously decide representation dated 08.06.2026 (Annexure P-4) within a period of 15 days. In case, it is found that there is a genuine threat to the life and liberty of the petitioner, necessary steps warranted under law be taken at the earliest, so as to ensure that no harm is caused to the petitioner. 6. The petition stands disposed of in the terms above. 7. Pending miscellaneous applications, if any, stand disposed of. (SHALINI SINGH NAGPAL) JUDGE 14.07.2026 HS.CHAUHAN Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No HARPREET SINGH CHAUHAN 2026.07.14 19:58 I agree to specified portions of this document