IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 30.01.2026 ISHAN AGRAWAL ALIAS AGGARWAL AND OTHERS ....Petitioners Vs.

STATE OF PUNJAB AND OTHERS ..Respondents CORAM:- HON'BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Sumit Gupta, Advocate for the petitioners.

Mr. Jasjit Singh Rattu, DAG, Punjab.

Mr. Chanderhas Yadav, Advocate for respondent No.4.

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AMARJOT BHATTI, J.

1. Petitioners have filed instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for seeking appropriate directions to the official respondent Nos.1 to 3 to conduct fair and impartial investigation in FIR No.104 dated 18.12.2024 under Sections 115 (2), 316 (2), 85, 318 (4) of Bharatiya Nyaya Sanhita, 2023 registered at Police Station Dhakoli, SAS Nagar, Mohali (Annexure P-1) and to collect the relevant evidence at the hands of private respondent No.4 and further to protect the life and liberty of the petitioners from the hands of respondent No.4.

2. Learned counsel representing petitioners pointed out that aforesaid FIR has been registered on account of matrimonial dispute as a result of this various litigation started between the parties. Petitioner No.1 is granted regular bail vide order dated 02.01.2025 (Annexure P-2). Respondent No.2 filed a complaint under Section 12 of Protection of Women from DV Act, 2005 (Annexure P-3). There was CCTV footage where respondent No.4 was seen taking away all her articles. Investigating agency in connivance with respondent No.4 did not collect the said record. Still photographs of CCTV footage are Annexure P-4. One intimation was also sent to learned SSP, Mohali through email (Annexure P-5). When no action was taken, present petition is filed.

3. Status report already received. As per status report, CCTV cameras installed in the society are having recording back up upto 65 days, therefore, CCTV recording on 18.12.2024 and 20.12.2024 are not available. Statement of Anil Kaler dated 20.03.2025 is Annexure R-1/2. It is informed that at present challan is also present in the Court on 19.08.2025 and the case is pending for consideration on framing of charges.

4. I have considered the aforesaid factual position. It was the duty of investigating officer to conduct fair and impartial investigation. He was duty bound to collect necessary record for reaching at right conclusion. Aforesaid facts detailed in the petition indicate that CCTV footage was there which was not collected by the investigating agency at the relevant time. Therefore, there is lapse on the part of the investigating agency. At the same time, petitioners did not approach the concerned Illaqa Magistrate to preserve the said CCTV footage. Therefore, some lapse is there on the part of the petitioners also. Challan is already presented. Prosecution will prove its case by leading convincing evidence on the one hand and the petitioners can raise their defence on the other hand. Therefore, at present no further direction is required and the petition is accordingly disposed of.

5. Copy of this order be sent to Senior Superintendent of Police, SAS Nagar Mohali with the direction to look into the matter.

6. Pending miscellaneous application(s), if any, stand disposed of accordingly as well.

(AMARJOT BHATTI)

JUDGE

30.01.2026 snd