IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 21.01.2026 Harbhajan Singh ... Petitioner Versus State of Punjab and another Respondents CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Rishab Bhandari, Advocate for the petitioner.

Mr. Rishabh Singla, AAG, Punjab.

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H.S. Grewal, J.(Oral)

1. This petition has been filed under Section 528 of BNSS, 2023 seeking quashing of FIR No.0028 dated 01.04.2020 under Section 188 of Indian Penal Code, Police Station Naya Gaon, District SAS Nagar, Punjab and all consequential proceedings out of the said FIR in view of the judgment passed by the Division Bench of this Court.

2. Learned counsel for the petitioner submits that the impugned FIR was unlawfully registered during the COVID-19 pandemic solely on the statement of ASI and he himself conducted the investigation in the FIR, who was not the competent public servant authorised to initiate prosecution for any alleged violation of prohibitory orders. He further submits that in view of the provisions of Section 195 of the Cr.P.C, no Court shall take of cognizance of any offence punishable under Section 172 to Section 188 except on the complaint in wiring of a public serv