CRM-M v. STATE OF PUNJAB & Ors.

Judgment

1. Present petition has been filed under Section 528 Present petition has been filed under Section 528 Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 for of the Bharatiya Nagarik Suraksha Sanhita 2023 for of the Bharatiya Nagarik Suraksha Sanhita 2023 for of the Bharatiya Nagarik Suraksha Sanhita 2023 for issuance of appropriate directions to the respondents no. 3 issuance of appropriate directions to the respondents no. 3 issuance of appropriate directions to the respondents no. 3 issuance of appropriate directions to the respondents no. 3 and 4 to arrest the private respondents who were specifically and 4 to arrest the private respondents who were specifically and 4 to arrest the private respondents who were specifically and 4 to arrest the private respondents who were specifically

07.2025 under Section named in the FIR No. 79 dated 19.07.2025 under Section named in the FIR No. 79 dated 19. named in the FIR No. 79 dated 19. 103(1), 61(2) of Bharatiya Nyaya Sanhita. 2023. 103(1), 61(2) of Bharatiya Nyaya Sanhita. 2023. 103(1), 61(2) of Bharatiya Nyaya Sanhita. 2023.

2. Learned counsel for the petitioner submitted that Learned counsel for the petitioner submitted that Learned counsel for the petitioner submitted that on 19.07.2025 petitioner's brother Rahim was on 19.07.2025 petitioner's brother Rahim was on 19.07.2025 petitioner's brother Rahim was on 19.07.2025 petitioner's brother Rahim was fatally fatally fatally fatally attacked by private respondents along with unidentified attacked by private respondents along with unidentified attacked by private respondents along with unidentified attacked by private respondents along with unidentified PUNEET SHARMA 2026.05.08 13.53 I attest to the accuracy and authenticity of this order/judgment CRM-M- -25396 of 2026 -2- d with deadly weapons and despite persons who were armed with deadly weapons and despite d with deadly weapons and despite persons who were arme clear identification of the accused and registration of the clear identification of the accused and registration of the clear identification of the accused and registration of the clear identification of the accused and registration of the above mentioned FIR, the police have failed to arrest the above mentioned FIR, the police have failed to arrest the above mentioned FIR, the police have failed to arrest the above mentioned FIR, the police have failed to arrest the majority of the accused persons. He further submitted that majority of the accused persons. He further submitted that majority of the accused persons. He further submitted that majority of the accused persons. He further submitted that te while only one accused has been apprehended till date while only one accused has been apprehended till da only one accused has been apprehended till da others continue to evade arrest despite rejection of their others continue to evade arrest despite rejection of their others continue to evade arrest despite rejection of their others continue to evade arrest despite rejection of their anticipatory bail applications and official communication anticipatory bail applications and official communication anticipatory bail applications and official communication anticipatory bail applications and official communication from senior police authorities. He argued that the petitioner from senior police authorities. He argued that the petitioner from senior police authorities. He argued that the petitioner from senior police authorities. He argued that the petitioner repeatedly approached repeatedly approached repeatedly approached repeatedly approached the authorities the authorities the authorities the authorities through through through through eeking justice and protection, but no representations, seeking justice and protection, but no eeking justice and protection, but no representations, s effective action has been taken. He further submitted that effective action has been taken. He further submitted that effective action has been taken. He further submitted that effective action has been taken. He further submitted that even the accused persons have been declared PO by the even the accused persons have been declared PO by the even the accused persons have been declared PO by the even the accused persons have been declared PO by the concerned Court, however, police moved an application to concerned Court, however, police moved an application to concerned Court, however, police moved an application to concerned Court, however, police moved an application to persons were cancel the said order with assertion that these persons were cancel the said order with assertion that these cancel the said order with assertion that these declared innocent by the SP (Investigation), Patiala. Hence, declared innocent by the SP (Investigation), Patiala. Hence, declared innocent by the SP (Investigation), Patiala. Hence, declared innocent by the SP (Investigation), Patiala. Hence, learned counsel for the petitioner prays for appropriate learned counsel for the petitioner prays for appropriate learned counsel for the petitioner prays for appropriate learned counsel for the petitioner prays for appropriate directions to be issued to the official respondents to arrest directions to be issued to the official respondents to arrest directions to be issued to the official respondents to arrest directions to be issued to the official respondents to arrest the private respondents. the private respondents.

3. note that the At the outset, it is pertinent to note that the At the outset, it is pertinent to grievance of the petitioner primarily pertains to the alleged grievance of the petitioner primarily pertains to the alleged grievance of the petitioner primarily pertains to the alleged grievance of the petitioner primarily pertains to the alleged inaction on the part of the investigating agency in effecting inaction on the part of the investigating agency in effecting inaction on the part of the investigating agency in effecting inaction on the part of the investigating agency in effecting arrest of all the accused persons despite their nomination in arrest of all the accused persons despite their nomination in arrest of all the accused persons despite their nomination in arrest of all the accused persons despite their nomination in ations. the FIR and rejection of their anticipatory bail applications. the FIR and rejection of their anticipatory bail applic the FIR and rejection of their anticipatory bail applic PUNEET SHARMA 2026.05.08 13.53 I attest to the accuracy and authenticity of this order/judgment CRM-M- -25396 of 2026 -3-

4. This Court has considered the submissions This Court has considered the submissions This Court has considered the submissions advanced by learned counsel for the petitioner and has also advanced by learned counsel for the petitioner and has also advanced by learned counsel for the petitioner and has also advanced by learned counsel for the petitioner and has also gone through the material placed on record. It is well settled gone through the material placed on record. It is well settled gone through the material placed on record. It is well settled gone through the material placed on record. It is well settled that arrest of an accused during the course of investigation that arrest of an accused during the course of investigation that arrest of an accused during the course of investigation that arrest of an accused during the course of investigation ute a mandatory requirement in every does not constitute a mandatory requirement in every ute a mandatory requirement in every does not constit criminal case. The power to arrest is vested with the criminal case. The power to arrest is vested with the criminal case. The power to arrest is vested with the criminal case. The power to arrest is vested with the investigating agency, which is required to exercise such investigating agency, which is required to exercise such investigating agency, which is required to exercise such investigating agency, which is required to exercise such discretion on the basis of facts and circumstances emerging discretion on the basis of facts and circumstances emerging discretion on the basis of facts and circumstances emerging discretion on the basis of facts and circumstances emerging igation is during investigation. The manner in which investigation is during investigation. The manner in which invest during investigation. The manner in which invest to be conducted ordinarily falls within the exclusive domain to be conducted ordinarily falls within the exclusive domain to be conducted ordinarily falls within the exclusive domain to be conducted ordinarily falls within the exclusive domain cannot interfere of the police authorities and the Courts, cannot interfere of the police authorities and the Courts, of the police authorities and the Courts, with the same unless a clear case of mala fide, deliberate with the same unless a clear case of mala fide, deliberate with the same unless a clear case of mala fide, deliberate with the same unless a clear case of mala fide, deliberate Reliance in inaction or patent abuse of process is made out. Reliance in inaction or patent abuse of process is made out. inaction or patent abuse of process is made out. regard is placed upon the judgment of Hon’ble Supreme this regard is placed upon the judgment of Hon’ble Supreme regard is placed upon the judgment of Hon’ble Supreme regard is placed upon the judgment of Hon’ble Supreme Court in case of M.C. Abraham v. State of Maharashtra, Court in case of M.C. Abraham v. State of Maharashtra, M.C. Abraham v. State of Maharashtra,