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2026 DAILYLAW 37404 (PNJ)

KULDEEP SINGH v. STATE OF PUNJAB AND OTHERS

LPA/2433/2026 · 2026-08-27

Harsimran Singh Sethi, Minderjeet Yadav

body2026

Judgment text

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LPA-2433-2026 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 121 LPA-2433-2026 (O&M) Date of Decision :27.08.2026 KULDEEP SINGH ..Appellant Versus STATE OF PUNJAB AND OTHERS ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE MINDERJEET YADAV Present: Mr. Sameer Sachdeva, Advocate for the appellant. Mr. Rahul Rampal, Additional Advocate General, Punjab. * * * Harsimran Singh Sethi, J. (Oral) 1. In the present appeal, the challenge is to the impugned order dated 03.08.2026, by which, the writ petition bearing CWP No. 15990 of 2026 filed by the petitioner (appellant herein) has been dismissed with costs of Rs. 50,000/- to be deposited with the High Court Lawyers Welfare Fund. 2. At the very outset, learned counsel for the appellant submits that he is not pressing the appeal on merits and confines his prayer only to the costs imposed by the learned Single Judge while passing the impugned order dated 03.08.2026, keeping in view the fact that the appellant, who is a service personnel, had only challenged the punishment imposed upon him and, therefore, a lenient view may be taken by this Court and the costs imposed upon the appellant may be waived of. RIYA 2026.08.31 13:31 I attest to the accuracy and integrity of this document LPA-2433-2026 (O&M) 2 3. Though, it may be noticed that the costs have been imposed by the learned Single Judge for valid reasons, particulary by recording a finding that the appellant had tried to mislead the Court in order to seek the relief. The Court has the valid jurisdiction to deprecate such conduct. 4. The cost has been imposed not only for misleading the Court but also to set an example that the frivolous litigation must be discouraged. It has to be a deterrent to the others as well. 5. Keeping in view the totality of the facts and circumstances of the case, and also the fact that learned counsel for the appellant, at the very outset, has not pressed the appeal on merits and has confined his prayer to waive of the cost imposed, we deem it appropriate to take a lenient view. Accordingly, the cost imposed upon the appellant is waived of. Consequently, the order dated 03.08.2026 passed by the learned Single Judge is modified to the only extent that the direction for payment of costs of Rs. 50,000/- is set aside. 6. The present appeal is disposed of in above terms. 7. Pending civil miscellaneous application(s), if any, stand disposed of. (HARSIMRAN SINGH SETHI) JUDGE (MINDERJEET YADAV ) JUDGE August 27, 2026 Riya Whether speaking/reasoned :Yes Whether reportable : No RIYA 2026.08.31 13:31 I attest to the accuracy and integrity of this document