CRM-M No. 40180 of 2026 · Punjab And Haryana High Court · 2026
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 103(1), 189(2), 190, 304(2)
- Indian Penal Code, 1860 ss. 143, 149, 302
Key paragraphs
- Para 55. Keeping in view the aforesaid facts, the present petition is hereby disposed of with a direction to the respondent No.3 to decide the representation of the petitioner(s) (Annexure P-2) and (Annexure P-3) by passing a speaking order within a period of 15 days from…
Judgment
CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH Present: Mr. Harkirat Singh Sandhu, Advocate for the petitioner. Mr. Eklavya Darshi, Deputy Advocate General, Punjab. SURYA PARTAP SINGH, J (ORAL) The instant petition has been filed by the petitioner(s) for transferring the investigation in case FIR No.85 dated 23.05.2026 (Annexure P-1) under Section 103(1), 304(2), 189(2) and 190 of Bharatiya Nyaya Sanhita, 2023 [Corresponding Sections 302, 143 and 149 of Indian Penal Code, 1860], Police Station Sadar Patti, District Tarn Taran to some other district to be conducted by senior police official or to some independent agency out of District Tarn Taran as the respondent Nos.1 to 4 are not investigating the case fairly.
The learned counsel representing the petitioner(s) submits that the petitioner(s) has filed the representation (Annexure P-2) and (Annexure P-3) before the respondent No.3. The learned counsel prays for disposing of CRM-M-40180-2026 (O&M) 2 the present petition by issuing directions to the respondent No.3 to decide the abovementioned representation within a stipulated time.
Notice of motion to respondents No.1 to 4/States only. Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears on behalf of respondents No.1 to 3/State. Hence service of notice upon the State is hereby dispensed with.
Keeping in view the aforesaid facts, the present petition is hereby disposed of with a direction to the respondent No.3 to decide the representation of the petitioner(s) (Annexure P-2) and (Annexure P-3) by passing a speaking order within a period of 15 days from the date of receipt of copy of instant order. It is however clarified that no finding is being returned, by this Court, with regard to merits of the contents of representation. The respondent No.3 shall be at liberty to make an independent assessment with regard to contents of representation of the petitioner(s), and take an independent decision at his own level.
23.07.2026 Vinod (SURYA PARTAP SINGH) JUDGE Whether speaking/reasoned Whether reportable :Yes/No : Yes/No
Questions this judgment answers
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 103(1), 189(2), 190, 304(2); Indian Penal Code, 1860 — ss. 143, 149, 302.
Which court decided this case, and when?
Punjab & Haryana High Court, on 23 Jul 2026. The bench was SURYA PARTAP SINGH.
Precedent status how later indexed judgments have treated this case
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