124 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH Date of Decision: 07.04.2026 SXXXX (MINOR) …Petitioner V/S STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. R.K. Choudhary, Advocate for the petitioner.

Mr. Vikas Bhardwaj, AAG Haryana.

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SHALINI SINGH NAGPAL J. (Oral)

1. Petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023/482 Cr.P.C. seeking following reliefs:

(i) Direction to respondents No. 2 and 3 to conduct fair and impartial enquiry in case bearing FIR No. 0159 dated 15.11.2025, under Sections 70(1) Bharatiya Nyaya Sanhita, 2023 and Section 6 Protection of Children from Sexual Offences Act, 2012, Police Station Camp Bahin, District Palwal and to complete the investigation expeditiously;

(ii) Direction to official respondents to file status report in this Court; (iii) Direction to respondent No. 2 to transfer investigation which is pending with respondent No. 4, to some high ranking officer;

(iv) Direction to official respondents to protect life and liberty of the petitioner and her family members.

2. Learned counsel for the petitioner submits that aforementioned FIR was registered on complaint of petitioner’s minor daughter. Despite serious nature of allegations, no fair and proper investigation was being conducted by the police and the accused were continuously threatening the petitioner and her daughter to withdraw the case. Learned counsel further submits that despite representation (Annexure P-3) moved to Superintendent of Police, Palwal for protecting of life and liberty of the petitioner at the hands of private respondents, no action had been taken.

3. Notice of motion to official respondents only.

4. Mr. Vikas Bhardwaj, AAG Haryana, who is present in the Court accepts notice on behalf of official respondents and on instructions from SI Surekha submits that case bearing FIR No. 139/2024, under Section 4 Protection of Children from Sexual Offences Act, 2012, against ‘child in conflict with law’ was registered on complaint of minor prosecutrix. During that case, the prosecutrix appeared as a witness and was declared hostile. He further submits that out of 04 accused named in the FIR, two were found innocent and were exonerated by the police, while two were arrested. Against those two, final report under Section 193 BNSS had been filed before the jurisdictional Court. Learned State counsel further submits that representation (Annexure P-3) had not been received by the police. However, police was be bound to protect life and liberty of the petitioner, in case any threat was perceived.

5. There is no cogent ground or material to suspect that investigation in FIR No. 0159 dated 15.11.2025, under Sections 70(1) BNS and Section 6 POCSO Act, Police Station Camp Bahin, District Palwal has been conducted unfairly. In view of response of the state, since investigation has been concluded, the petition is disposed of with a direction to respondent No. 2-Superintendent of Police, Palwal, to decide the representation dated 11.03.2026 (Annexure P-3) submitted by petitioner within a period of one month from today by passing a reasoned and speaking order in accordance with law and take necessary action, if so required.

6. However, if, respondent No.2 does not find any substance in the allegations levelled in the representation (Annexure P-3), the petitioner shall be informed as per mandate of law.

7. Pending CRM(s), if any, are also disposed of accordingly.

(SHALINI SINGH NAGPAL)

07.04.2026 JUDGE

Ajay Goswami