IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (129+281) CRM-M-44966-2024 (O & M)

Date of Decision:30.10.2025 Gursevak Singh and another .... Petitioners V/s State of Haryana and anr. ...Respondents CORAM: HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Kulbir Singh Sekhon, Advocate for the petitioners.

Mr. Vipul Sherwal, AAG, Haryana, *****

JASJIT SINGH BEDI , J. (Oral)

CRM-43022-2025 The application for placing on record the copy of the order dated 30.09.2025 (Annexure P-10) is allowed as prayed for subject to all just exceptions. The same is taken on record.

CRM-M-44966-2024 (O & M)

The prayer in the present petitions under Section 482 BNSS, 2023 is for setting aside the judgment dated 23.02.2022 passed by the Additional Sessions Judge, Gurugram (Annexure P-7) (hereinafter to be known as the ‘the Trial Court’) in FIR No.381 dated 29.07.2010 under Sections 166, 347, 384, 120-B IPC and Sections 7, 13 of the Prevention of Corruption Act, Police Station Civil Lines, District Gurugram to the extent that while convicting the accused persons, the Trial Court has directed the Home Secretary Haryana as well as D.G, CID Vigilance to file a challan against the petitioners and further directed to complete the proceedings within two months.

2. The brief facts of the case are that an FIR No.406 dated 05.09.2009 under Sections 420, 465, 466, 468 and 120-B IPC, Police Station Civil Lines, Gurugram came to be registered at the instance of SI Ram Dayal against Hans Raj Rathi (complainant in the present case), Narender Kumar, Rajender Kumar, Sham Sunder Dutta and Chander Parkash. The copy of the said FIR is attached as Annexure P-1 to the petition.

3. After the filing of the challan in the above said FIR, accused Hans Raj Rathi moved a complaint against Ram Dayal SI (complainant in FIR, Annexure P-1), Vinod Kumar Constable, Rajesh Kumar Constable, Sunil Kumar Constable and Veer Singh DSP as well as other employees, namely, Constable Janmitar, Constable Gursewak (petitioner No.1), and Constable Prahalad (petitioner No.2). The complaint was investigated by the DSP CID, Crime Branch, Panchkula. Vide his report dated 09.06.2010 suspension of SI Ram Dayal, Constable Sunil Kumar, Constable Vinod and Constable Rajesh was ordered and the directions were also issued for the registration of the FIR. The copy of the said report dated 09.06.2010 is attached as Annexure P-3 to the petition.

4. Based on the aforementioned report dated 09.06.2010, FIR No. 381 dated 29.07.2010 under Sections 166, 347, 384, 120-B IPC and Section 7 of the Prevention of Corruption Act, Police Station Civil Lines, Gurugram came to be registered against SI Ram Dayal and other police officials whereas the accused in the case FIR No.406 dated 05.09.2009 (Annexure P-

1), namely, Hans Raj Rathi etc. were discharged.

5. Pursuant to the discharge, a cancellation report was submitted to which SI Ram Dayal filed a protest petition. The same was accepted and the cancellation report dated 02.08.2010 was rejected vide order dated 14.03.2011. The aforementioned order has been challenged before this Court by Hans Raj Rathi vide petition bearing No.CRM-M-10611-2011.

6. Meanwhile, FIR No.381 dated 29.07.2010 was thoroughly investigated by the DSP, CID Branch, Gurugram whereby the petitioners were found innocent and exonerated vide zimni reports dated 09.12.2011 and 10.12.2011 (Annexures P-4 and P-5 respectively). Further, in the final report dated 22.12.2011 (Annexure P-6) both the petitioners were also declared innocent.

7. The Trial in FIR No.381 dated 29.07.2010 proceeded against Constable Vinod, Constable Rajesh, Constable Sunil Kumar and SI Ram Dayal. They were convicted and sentenced by the Court of Additional Sessions Judge, Gurugram vide judgment of conviction and order of sentence dated 23.02.2022/09.03.2022. The copy of the said judgment is attached as Annexure P-7 to the petition. While convicting the aforementioned accused, the Court passed directions to the effect that the challan s