IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Usha ....Petitioner V/s State of Haryana and others ....Respondents Date of decision: 18.03.2026 Date of Uploading : 18.03.2026 CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. M.R. Sharma, Advocate for the petitioner.

Ms. Mahima Yashpal Singla, Senior DAG Haryana.

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SUMEET GOEL, J. (Oral)

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as the ‘BNSS, 2023’) invoking the inherent jurisdiction of this Court for issuance of directions to the official respondents to register an FIR against respondent Nos. 5 to 10 on the basis of complaint dated 13.11.2025 submitted before the Superintendent of Police, Mahendergarh. The petitioner has further prayed for issuance of directions for appointment of an independent investigating officer not below the rank of Superintendent of Police to ensure a fair and impartial investigation. A further prayer has been made seeking protection to the life and liberty of the petitioner and her family members on account of alleged threats extended by the private respondents.

2. The brief factual matrix of the case, as narrated in the petition is that on 07.11.2025, a dispute arose between the family of the petitioner and respondent No. 8 regarding water drainage which resulted in injuries to the family members of the petitioner. It has been further alleged that during the intervening night of 07/08.11.2025, the police officials along with private respondents forcibly entered the house of the petitioner without any warrant; used abusive language and committed acts amounting to house- trespass. The petitioner has further alleged that her husband and minor son were forcibly taken to the police station where they were subjected to harassment and illegal detention. Furthermore, the CCTV equipment and mobile phones were allegedly taken away by the police officials and data was deleted to suppress the evidence. On account of the aforesaid incident, the petitioner has submitted representations to higher authorities including the Superintendent of Police on 13.11.2025 but no FIR has been registered. Subsequently, FIR No. 0318 dated 14.11.2025 has been registered against the petitioner and her family members which is alleged to be false and a counterblast to the complaint made by the petitioner. It is in this factual backdrop that the petitioner has sought directions for registration of an FIR against respondent Nos. 5 to 10; appointment of an independent investigating officer and for the grant of security.

3. Learned counsel for the petitioner has iterated that on the basis of complaint dated 13.11.2025 made by the petitioner, the respondent Nos.1 to 4 (herein) are not registering the FIR which is wholly illegal, arbitrary and contrary to the settled principles of law. Learned counsel has further iterated that the said complaint clearly discloses the commission of cognizable offences, including house trespass at night, assault, criminal intimidation, illegal detention, outraging the modesty of a woman and misuse of official power by police officials yet no action has been taken by the authorities. It has been further contended that the incident in question pertains to the intervening night of 07/08.11.2025, whereby the police officials along with private respondents have forcibly entered the residential premises of the petitioner without any warrant or lawful authority, used abusive language and created panic amongst the family members. According to learned counsel, the conduct of the police officials has been in complete violation of statutory safeguards as well as the fundamental rights guaranteed under Article 21 of the Constitution of India. Furthermore, the husband and minor son of the petitioner have been forcibly taken to the police station without following the due procedure and has been illegally detained and harassed. Learned counsel has further submitted that despi