Back
2026 Supreme(Online)(P&H) 90771
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jasjit Singh Bedi, J
Kusum Rani – Appellant
Versus
State of Haryana – Respondent
CRM-M-3736-2025
Important Points
Subject
Criminal Law - Procedural Criminal Law
Act Referred
Headnote
(C) - Constitution of India - Articles 21, 32, 226 - Power of Constitutional Courts to direct investigation - When High Court is satisfied that police investigation is biased, suffers from procedural irregularities, or lacks credibility, it may, in exceptional circumstances, order an investigation by an independent agency even after a report under Section 173(2) Cr.P.C. has been filed. (Paras 10, 13, 14, 15)
(B) Criminal Investigation - Procedural Fairness - Evidence of abduction or false implication - Duty of State to ensure fair and impartial investigation against any person accused of a cognizable offence. (Paras 10, 13, 16)
Facts of the case:
The petitioners sought further investigation into an FIR registered under the strict narcotic laws, alleging that the accused was abducted by officials, detained unlawfully, and subsequently falsely implicated in the case. The police claimed the accused was released after initial questioning; however, the person to whom custody was allegedly handed over denied the claim. Multiple inquiries confirmed procedural lapses in the detention and release protocols of the accused. The petitioners challenged the integrity of the investigation, seeking a probe by an independent agency.
Findings of Court:
The court noted that the prosecution's version regarding the release of the accused was inconsistent and doubtful. The police investigation appeared to rely on fabricated records, ignoring the procedural mandate to hand over custody to family members. Given that the offence involved severe mandatory sentencing, and the investigation failed to meet the threshold of fairness and credibility, the court found merit in the request for an independent probe.
Issues: Whether the High Court, in the exercise of its inherent powers under Articles 226 and 32 of the Constitution, can direct an investigation by an independent agency after a report under Section 173(2) Cr.P.C. has been filed, particularly when there are allegations of biased investigation or false implication.
Ratio Decidendi: Constitutional courts have the inherent power and obligation to ensure a fair and impartial investigation to uphold fundamental rights. If an investigation is shown to be a sham, influenced by bias, or if it lacks the purity of a genuine inquiry, the court is duty-bound to intervene to prevent miscarriage of justice and to maintain public faith in the legal system, even if a charge sheet has already been submitted.
Result: Petition allowed; order framing charges quashed, and further investigation handed over to an independent central agency.
For the Appellants/Petitioners: Aditya Sanghi, Manik Midha, Karan Duggal
For the Respondents: Vipul Sherwal
| Table of Content |
|---|
| 1. summary of facts and prior investigation history regarding allegations of false implication. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. parties' contentions regarding the fairness of investigation and custodial procedures. (Para 10 , 11) |
| 3. constitutional courts' power to order cbi investigation despite prior police report filing. (Para 13) |
| 4. judicial intervention to ensure impartial investigation when police impartiality is suspect. (Para 15 , 16 , 17 , 18) |
JASJIT SINGH BEDI, J. (Oral)
The prayer in the present petition under Section 528 BNSS, 2023 is for the issuance of directions for further investigation in FIR No.283 dated 12.08.2024 under Sections 22(C) of the NDPS Act registered at Police Station Adampur, District Hisar, Haryana from the respondent No.7-CBI or any other investigating agency.
2. The brief facts of the case as emanating from the pleadings are that the investigating agency received secret information at about 9.00 p.m. on 11.08.2024 that Lovkesh Kumar son of Subhash was selling intoxicating tablets and could be apprehended. Based on the information, compliance of Section 42 of the NDPS Act was made and the police team reached the spot. On observing the police vehicle, the suspect attempted to flee away but was apprehended. He identified himself as Lovkesh Kumar son of Subhash and after due compliance of Section 50 of the Act, he was searched. The recovery of 900 tablets of of Diphenoxylate Hydrochloride and Atropine Sulphate was effected from him. The present FIR No.283 dated 12.08.2024 under Sections 22(C) of the NDPS Act, Police Station Adampur, District Hisar, Haryana (Annexure P-1) was registered at about 1.00 a.m. on 12.08.2024. Later, on the disclosure statement of Lovkesh Kumar, co accused Deepak was apprehended. He (Deepak) disclosed that he had procured intoxicating tablets from Sanjay alias Baban Madan. Purusant to the conclusion of the investigation, the report under Section 173(2) Cr.P.C. (Section 193(2) BNSS) was submitted before the Special Court at Hisar against Lovkesh Kumar (petitioner No.2) and Deepak. A copy thereof is appended as Annexure P-2 to the petition.
3. Kusum Rani (petitioner No.1), the wife of Lovkesh Kumar made various representations to the senior authorities claiming that her husband had been falsely implicated in the aforementioned FIR. A copy of one such representation dated 22.10.2024 made to the Director General of Police, Haryana, is attached as Annexure P-3 to the petition. She claimed that Lovkesh Kumar was abducted by the CIA-II police officials on 11.08.2024 at 5.38 a.m. from their home in village Kabrel, District Hisar. The abduction was captured on CCTV cameras. She alongwith her mother in-law, a friend of her husband alongwith the village Sarpanch visited the police station that morning at about 8.00 a.m. but the police officials provided no explanation and continued to detain Lovkesh unlawfully. They manipulated the records to show his arrest later. A prayer was made for the constitution of an SIT for fair investigation. The application was supported by CCTV footage, mobile tower date and other evidence.
4. On the basis of the representation, an enquiry into the allegations was initiated by the Superintendent of Police, Hisar. The statement of the petitioner No.1-Kusum Rani (Annexure P-4) was also recorded wherein she reiterated her version in her complaint. The statement of SI Inder Singh/respondent No.5 (Annexure P-5) who was the first investigating officer was also recorded wherein he supported the factum of the genuineness of the FIR and the investigation. He stated that, in fact, ASI Ram Mehar had brought Lovkesh Kumar to the Special Staff, Hisar at approximately 5.00-6.00 a.m. on 11.08.2024 for interrogation. The interrogation was concluded by 11.00 a.m. after which Lovkesh Kumar was released and the sequence of evidence was documented in Roznamcha reports No.03 and 08. The statement of ASI Ram Mehar/respondents No.6 (Annexure P-7) was also r
