IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: April 09, 2025 Pronounced on: July 08, 2025 DEEPAK BANSAL -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Alok Mittal, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab. Ms./Mrs. Gurmeet Kaur, Advocate for the respondent(s)-U.O.I.

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KULDEEP TIWARI, J.

1. The hereinafter extracted directions, as embodied respectively in the orders dated 18.10.2022 and 06.03.2023 drawn by the National Commission for Scheduled Castes (hereinafter referred to as the ‘National Commission’), caused pain to the petitioner and consequently propelled him to institute thereagainst the instant writ petition. “Directions issued through order dated 18.10.2022

2. The Superintendent of Police submitted a copy of his report dated 08.10.2022 before the Commission which was taken on record.

3. The Superintendent of Police has informed that the accused have been proceeded against for offences under Sections 379-B, 323, 324, 120-B and 34 of IPC.

4. Upon consideration the Commission is of the view that the applicant has been attacked with a sword and the police does not appear to have proceeded against the accused under the aforesaid provisions of law. The Commission is of the view that the police should reinvestigate the matter of attack by sword and relevant sections (307 and others) be added.

5. That the investigation report be presented before the Commission within a period of 7 days.”

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“Directions issued through order dated 06.03.2023

5. On 21.02.2023, during the course of hearing, it was noted that the Punjab Police is yet not affected the arrest of any accused/s in the present case and neither has got recovered the weapon used in the alleged occurrence. Apart from the above said, despite their been cognizance under the SC/ST (Prevention of Atrocities) Act, 1989, the investigation has not been carried out by an official of the level of Deputy Superintendent of Police. The official of the level of Superintendent of Police came present before this Court but did not present the correct facts and circumstances of the case. Hence, this Commission holds that the police should affect immediate arrest of the accused/s and also proceed against the concerned Police Officials under Section 4 of the SC/ST (Prevention of Atrocities)

Act, 1989……….”

2. It is apposite to record here that, post the drawing of the impugned directions on 18.10.2022, offence under Section 307 IPC was also added in the FIR No.135 dated 12.09.2022, which was initially registered under Sections 379-B, 323, 324, 120-B, 34 of the IPC, at P.S.

Dhanaula, District Barnala.

3. What emerges from perusal of the record available before this Court is that, the Co-ordinate Bench of this Court had, while issuing notice upon this writ petition on 24.03.2023, ordered the further proceedings to remain stayed.

4. Before proceeding to gauge the validity of the impugned directions, it is deemed imperative to initially make a concise and compendious survey of the facts.

FACTUAL MATRIX

5. Initially, based on an application dated 20.01.2021, as moved by the respondent No.7, FIR No.16 dated 21.01.2021, under Section 3(1) (x) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the ‘SC/ST Act’), was registered against the petitioner at P.S. Tripri, District Patiala. In this FIR, the petitioner was granted interim bail by this Court, vide the order dated

13.02.2023, recorded in CRA-S-451-2023.

6. Subsequently, the respondent No.7 again moved an application dated 07.02.2021 against the petitioner and two other persons, seeking action under Sections 307, 392, 201, 323, 324, 325, 326 IPC, and Sections 3, 14, 15 of the SC/ST Act. Upon receiving this application, the S.H.O., P.S. Dhanaula, conducted a thorough inquiry and, as a result, stated in his fact-finding report dated 02.04.2022 that there is no truth in the application and no furthe