##PAGE1##

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 18.08.2026 ALIJAAN ... PETITIONER Versus STATE OF HARYANA AND OTHERS ... RESPONDENTS CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Sakeel Ahmad, Advocate for the petitioner.

Mr. Neeraj Sheoran, Senior DAG, Haryana.

***

H.S. Grewal, J.(Oral)

1. The present petition has been filed under Section 528 of BNSS, 2023 (corresponding to Section 482 Cr.P.C.), seeking issuance of directions to the respondents to investigate the FIR No.0401 dated 27.12.2025, registered under Sections 103(1) and 3(5) of BNS, 2023 (corresponding to Sections 302 and 34 IPC), at Police Station Farrukh Nagar, District Gurugram, in a fair and impartial manner or seeking transfer of the investigation to an independent agency such as the Central Bureau of Investigation (CBI) or any other specialised agency and also seeks interim compensation of Rs.1 crore to the family of the deceased.

2. The case of the prosecution is that Asif, who was an accused in FIR No.266 dated 07.09.2025, had allegedly committed suicide by hanging himself inside the closed lock-up of CIA Police Station, Farrukh Nagar. Upon receipt of the information, the concerned police officials informed the higher authorities and the relatives of the deceased, while the scene-of-crime team and the photographer were called to the spot. The place of occurrence was inspected, photographs were taken and videography was carried out. A medical board was thereafter constituted for conducting the post-mortem examination. The post-mortem report dated 27.12.2025 records a ligature mark and three external abrasions, namely, over the right shoulder, right arm and nose, and ultimately opines the cause of death as asphyxia due to ante-mortem hanging.

3. Learned counsel for the petitioner submits that the death of Asif occurred while he was admittedly in police custody and that, immediately prior to his apprehension, the police officials had allegedly demanded money from the family for his release and had threatened him with serious consequences in case the demand was not met. It is submitted that the deceased was thereafter taken away by the police officials and subsequently died inside the police lock-up. Learned counsel further submits that although FIR No.0401 dated 27.12.2025 was registered on the complaint of the petitioner but no effective action has been taken against the police officials. It is submitted that the investigation is being conducted by the same police establishment against whose officials serious allegations have been levelled, thereby giving rise to a reasonable apprehension that the investigation may not be fair or impartial. It is also submitted that the accused police officials are influential, are not being arrested despite their being named in the FIR, and that the petitioner and his family are allegedly being pressurised to withdraw or compromise the matter. It is, therefore, submitted that the investigation of FIR No.0401 dated 27.12.2025 be transferred to the CBI or any other independent and specialised agency for a fair, impartial and time-bound investigation.

4. Learned State counsel, while referring to the reply filed by way of an affidavit of Mr. Kuldeep, HPS, Assistant Commissioner of Police, Pataudi, Gurugram, submits that the investigation is being conducted in a fair and impartial manner and shall be brought to its logical conclusion at the earliest. It is further submitted that, since the matter pertains to an alleged custodial death, a magisterial inquiry has already been initiated and is still pending. He also submits that the allegations raised by the petitioner are matters of fact which are before the Magisterial Authority as well as subject matter of the ongoing investigation, and if anything incriminating is found against any individual, appropriate action shall be taken in accordance with law. Learned State counsel, therefore, prays for dismissal of this petition.

5.