IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-27739-2026 (O&M)

Date of decision: 18.05.2026 Daljit Singh @ Daljit Singh Sond ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Sunny K. Singla, Advocate for the petitioner.

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MANISHA BATRA, J. (Oral)

1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside the order dated 23.04.2026 (Annexure P-1), passed by the Court of learned Chief Judicial Magistrate, Malerkotla in case arising out of FIR No.28 dated 25.06.2024, registered under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police Station City Ahmedgarh, District Malerkotla, whereby the application filed by respondent No.2-Amit Kumar seeking separation of trial from co-accused Kulwinder Singh and Gurjant Singh was allowed and the supplementary challan qua the said co-accused was ordered to be separated from the main challan.

2. Brief facts of the case relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered at the instance of the present petitioner, who is engaged in the business of sale and purchase of air tickets under the name and style of “Global Travels”, alleging that accused Amit Kumar and Harpreet Singh, in connivance with each other, induced the petitioner to purchase air tickets from them through their travel concern namely “Worldwide Travel and Tourism”. It was alleged that during the course of business transactions, the petitioner purchased approximately 120-125 air tickets worth about Rs.1.17 crores from the accused persons and deposited the corresponding amounts in the bank accounts furnished by them. However, several tickets were found to be fake, cancelled, void or never delivered, resulting in huge financial loss to the petitioner, who had to arrange fresh tickets for his customers at higher rates and refund amounts from his own pocket. The petitioner alleged that the accused persons acted in furtherance of a well-planned conspiracy and cheated him to the tune of approximately Rs.60 lakhs.

3. After registration of the FIR, investigation proceedings were initiated. After completion of investigation, the police initially presented challan against respondent No.2-Amit Kumar on 22.11.2024 and thereafter a supplementary challan against co-accused Kulwinder Singh and Gurjant Singh was presented on 17.12.2025. Respondent No.2 thereafter moved an application before the learned trial Court seeking separation of the supplementary challan from the main challan on the ground that trial qua him was at the fag end and clubbing the supplementary challan would amount to a de novo trial. The said application was allowed by the learned trial Court by passing the impugned order dated 23.04.2026, which reads as under:

“Accused Amit Kumar produced by the jail authorities. It has come into my notice that vide order 09.03.2026 of The Hon’ble Supreme Court of India directed that no coercive action shall be taken against the petitioner Sunit Kumar in pursuant of FIR no.28 dated 25.06.2024(present FIR) provided he joins the investigation and cooperate with the Investigating Officer. Whereas in the zimni order dated 18.03.2026 this fact has been mentioned qua accused Amit Kumar instead of Sunit Kumar. The mistake is clerical one and is rectified to that effect. Reader is directed to give mark against the said order regarding rectification.

I have heard learned counsel for applicant-accused Amit Verma and ld. APP for the State on the application moved by accusedapplicant Amit Kumar for separation of supplementary challan, attached with the main challan of accused Amit Kumar. It is averred in the application that accused Amit Kumar is in custody since 30.09.2024 and report under section 173 Cr.P.C. was prepared against him and presented in the Court on 27.11.2024. Charge against accused Amit Kumar was also framed on 14.02.2025 and since then prosecutio