126+296 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.54233 of 2025 (O&M)

Reserved on: 04.11.2025 Pronounced on: 13.11.2025 Uploaded on: 14.11.2025 Jarnail Singh Bajwa ..... Petitioner versus State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ *****

Present: Mr. Chetan Mittal, Senior Advocate with Mr. Himanshu Gupta, Advocate for the petitioner.

Mr. Iqbalpreet Singh, AAG, Punjab.

Mr. Deepak Kumar, Advocate for the complainant.

Mr. Himmat Singh, Advocate for applicant-proposed respondent No.10 (in CRM-42394-2025).

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RAJESH BHARDWAJ, J. (ORAL)

CRM No.42394 of 2025 Instant application has been filed praying for impleadment and intervention on behalf of the original complainant seeking leave to assist the Hon’ble Court in the present case.

Learned counsel for the intervenor has submitted there are 38 FIRs pending against the petitioner and the same are at different stages and thus, the same cannot be clubbed. He has further submitted that impleadment of applicant is necessary in the present petition and thus, the application may kindly be allowed and he be impleaded as party/respondent No.10 in the present petition.

Notice in the application be issued to counsel for the non-

applicant/petitioner.

Mr. Himanshu Gupta, Advocate, accepts the notice on behalf of the non-applicant.

After hearing learned counsel for the parties and going through the contents of the application, the same is allowed and the applicant, namely, Kuldeepak Mittal is ordered to be impleaded as respondent No.10 in the present petition.

CRM-M No.54233 of 2025

1. Present petition has been filed praying for clubbing/consolidation of total 38 FIRs as mentioned in the Table annexed as Annexure P-1 registered with Police Station (respondents No.5-9) in view of settled position of law laid by Hon’ble Apex Court in Alok Kumar vs. State of Bihar and others, SLP (Crl.) No.4073/2025, decided on 12.08.2025, which has been followed by this Hon’ble Court and heavily relied in Ashish Bhalla vs. State of Haryana and others (CRM-M-17130- 2025) as well as in view of the factual matrix of the case in hand. Further prayer has been made that no coercive action be taken against the petitioner in any of the FIR as mentioned in the table including stay of execution of any production warrants that may have been issued or any order in this regard passed for the custody of the petitioner in any of these cases.

2. Learned Senior counsel for the petitioner has submitted that the petitioner is the Managing Director of M/s Bajwa Developer of Real Estate and Infrastructure Development in Punjab and Chandigarh with unparalleled entrepreneurial acumen and an unwavering commitment to excellence. He has submitted that the petitioner has successfully completed more than 130 landmark projects. He has submitted that the petitioner has been subjected to multiple unnecessary and unwarranted criminal FIRs, which have been registered primarily on account of unavoidable reasons causing delay in handing over the possession, delay in execution of agreement to sell of flats/plots, etc. He has submitted that there are 38 FIRs pending against the petitioner. He has submitted that the present petition has been filed for clubbing of 38 FIRs, which are arising out of the same cause of action.

3. Learned counsel for newly added respondent No.10 as well as learned counsel for the complainant have opposed the submissions made by learned Senior counsel for the petitioner and have submitted that the pending investigation cases are at different stages and thus, the same cannot be clubbed.

4. During the course of hearing, learned Senior counsel appearing on behalf of the petitioner has fairly submitted that the present petition has been filed praying for clubbing of 38 FIRs, however, he submits that as the trial in those cases is at different stages, so, he restricts his prayer only qua 04 FIRs, which are pending investigation.

5. The aforesaid prayer of the petitioner is accepted