IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 03.11.2025 Davender ....Petitioner V/s State of Haryana and others ....Respondents CORAM: HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Munish Gulati, Advocate for the petitioner.

Mr. Tarun Aggarwal, Additional Advocate General, 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’) seeking issuance of direction to respondent Nos.1 to 5 to conduct fair and impartial investigation into the case FIR No.106 dated 06.05.2025 registered under Sections 351(3), 191(3) 190, 140(3), 126, 115 of BNS (offence under Section 109 of BNS was added later on) at Police Station Hathin, District Palwal. Further a prayer has been made for transfer of the investigation to higher authorities as the present Investigating Officer is allegedly conducting a biased and unfair investigation. Alternatively, a direction has also been sought to decide the representation dated 03.10.2025 (Annexure P-4) in accordance with law.

2. The case as set up by the petitioner in the instant petition is as follows:

2.1. The petitioner, an agriculturist, residing in village Ferozepur Rajput, Police Station Hathin, District Palwal, alleges that on 28.04.2025 his cousin namely Ravinder was assaulted by accused persons namely Vinod, Raju, Nitin, Puneet, Prince, Nishant and Susheela, all residents off the same village. As per the petitioner, the assailants, armed with lathis, dandas and iron rods attacked his cousin Ravinder and later took him to their house to falsely implicate him and continued to beat him there. The petitioner witnessed the incident and was threatened by the accused. (Copy of the FIR is annexed as Annexure P-1 with the present petition)

2.2. The petitioner further alleged that three minor accused namely Dina, Nishant and Nitin named in the FIR were arrested and produced before the Juvenile Court, Palwal but the main accused namely Vinod, Raju, Susheela and Puneet (respondent Nos.6 to 9 herein) have neither been arrested nor joined the investigation.

2.3. The victim namely Ravinder submitted a representation dated 24.06.2025 (Annexure P-2) to respondent No.3 seeking a fair and impartial investigation citing threats from respondent Nos.6 to 9 to compromise the matter or face consequences. However, no action was taken. Another representation dated 25.08.2025 (Annexure P-3) was made to respondent No.4 reiterating that Section 109 of BNS was added after medical board examination yet the main accused remained at large. The victim also highlighted his financial hardship due to injuries sustained in the occurrence but no action was taken. Subsequently, the petitioner filed a detailed representation dated 03.10.2025 (Annexure P-4) to respondent No.2 requesting for fair investigation and action against respondent Nos.6 to 9 who continued to threatened the cousin/victim of the petitioner and were roaming freely. Despite aforesaid repeated representations, no action have been taken by the official respondents which compelled the petitioner to approach this Court.

It is in this factual backdrop, that the present petition came up for receiving consideration at the hands of this Court.

3. Learned counsel for the petitioner has iterated that the investigation in the present case is being conducted unfairly and contrary to the principles laid down by the Hon’ble Supreme Court in case titled as Babubhai vs. State of Gujrat and others, 2010(4) RCR (Criminal), 341. Learned counsel has further argued that the investigating officer is deliberately shielding the accused persons who continue to evade arrest and hence the investigation should be entrusted to a higher or independent officer. On the basis of the aforementioned submissions, the grant of the instant petition is entreated for.

4. Per contra, learned State counsel (on the strength of advance notice) has opposed the present p