Disposed¶7

Barjinder Singh v. State of Haryana and Others

Punjab & Haryana HC9 Sept 2025CRM-M/2386/2024

Case brief

AI extract

What is this about?

Section 482 CrPC petition; direction to register FIR against police officials; alleged demand of illegal gratification by investigating officers; FIR No. 410 dated 16.06.2022 (Sections 406, 420 IPC) PS Civil Lines Sirsa; FIR No. 60 dated 15.01.2023 (Sections 148, 149, 307 IPC; Sections 25, 27, 30 Arms Act) against petitioner; concealment of material facts by petitioner; remedy before Magistrate under Section 175(3) BNSS 2023, pari materia with Section 156(3) CrPC; Sakiri Vasu v. State of U.P., (2008) 2 SCC 409; alternative remedy; petition disposed of; Punjab and Haryana High Court at Chandigarh; Manisha Batra, J.; Barjinder Singh v. State of Haryana and others.

What did the court decide?

Liberty granted to the petitioner to avail his alternative remedy in accordance with law, if so advised. ¶7

Barjinder Singh Vs State of Haryana and Others — Cheating and Forgery | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the petitioner to avail his alternative remedy in accordance with law, if so advised.

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Issue for consideration

Whether the High Court, in exercise of jurisdiction under Section 482 Cr.P.C., should direct respondent No. 2 to register an FIR under appropriate provisions against respondents No. 4 and 5 (police officials allegedly demanding illegal gratification in connection with FIR No. 410) and have it investigated by a gazetted officer. +1 more

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Court's answer

Appropriate action has already been taken by the police both in FIR No. 410 and on the petitioner's complaint; the accused Harinder Dass has been arrested and is facing trial; hence no case is made out to issue any directions to the official respondents.

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Ratio / Principle

The petitioner nowhere disclosed in his petition that FIR No. 60 had been registered against him and that he was arrested by respondent No. 4; he concealed this material fact.

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Key takeaways

The prayer for registering an FIR against respondents No. 4 and 5 cannot be entertained; the remedy for a person having a grievance of non-registration of an FIR or improper investigation is to approach the Magistrate concerned under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (pari materia with Section 156(3) Cr.P.C.), for which Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 is relied upon.ratio¶7
No further action is called for in the present petition; it is disposed of accordingly, with liberty granted to the petitioner to avail his alternative remedy in accordance with law, if so advised.ratio¶8

Detailed headnote1 paragraphs

Punjab and Haryana High Court (Manisha Batra, J., oral), CRM-M-2386-2024 (O&M), decided 09.09.2025 - Petition under Section 482 Cr.P.C. by Barjinder Singh seeking a direction to respondent No. 2 to register an FIR against respondents No. 4 and 5 (police officials allegedly demanding illegal gratification in connection with the investigation of his FIR No. 410 dated 16.06.2022, Sections 406/420 IPC, PS Civil Lines, Sirsa) disposed of. Held: appropriate action has already been taken - accused Harinder Dass arrested on 11.08.2023, challan presented on 11.12.2023, trial ongoing; the petitioner had concealed the registration of FIR No. 60 dated 15.01.2023 against him and his arrest by respondent No. 4; hence no directions to the official respondents are warranted. Further held: the remedy for a person aggrieved by non-registration of an FIR or improper investigation is to approach the Magistrate concerned under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (pari materia with Section 156(3) Cr.P.C.), relying on Sakiri Vasu v. State of U.P., (2008) 2 SCC 409; liberty granted to the petitioner to pursue the alternative remedy.

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CRM-M-2386-2024 (O&M) -1-

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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284

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CRM-M-2386-2024 (O&M) Date of decision: 09.09.2025

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Barjinder Singh ...Petitioner

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Versus

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State of Haryana and others ...Respondents

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CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

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Present:Mr. P. S. Jammu, Advocate for the petitioner.

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Mr. Neeraj Poswal, AAG, Haryana.

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Mr. J. S. Gill, Advocate for respondent No. 4.

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Mr. D. S. Virk, Advocate for respondent No. 5.

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MANISHA BATRA, J. (Oral)

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Prayer in this petition, filed under Section 482 of Cr.P.C., is for issuing direction to respondent No. 2 to register an FIR under appropriate provisions against the respondents No. 4 and 5 and to investigate the same by a gazetted officer.

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Brief facts of the case as emanating from the petition are that the petitioner has got registered an FIR bearing No. 410 dated 16.06.2022, under Sections 406 and 420 of IPC at Police Station Civil Lines, Sirsa against one Harinder Dass on the allegations that he had duped him of Rs. 5 Lakhs on the pretext of providing a job to his in Punjab Police as Sub Inspector. However, neither the job was provided nor the said amount was returned to the

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MOHAMMAD WASEEM ANSARI 2025.09.10 09:01 I attest to the accuracy and integrity of this document

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CRM-M-2386-2024 (O&M) -2-

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petitioner. When after registration of aforesaid FIR, the petitioner requested respondents No. 4 and 5, who were the investigating officer of the case from time to time, to arrest the accused, they demanded illegal gratification of Rs.50,000/- from him. However, despite taking that amount from the petitioner, they did not arrest the accused and raised another demand of Rs.50,000/-, which the petitioner did not give them. The petitioner has relied upon some telephonic conversations, wherein respondents No. 4 and 5 are alleged to have raised demand of illegal gratification from him.

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Status report has been filed by the respondent-State. Learned State counsel, assisted by learned counsel for respondents No. 4 and 5, has submitted that after registration of aforementioned FIR No. 410, multiple raids were conducted to arrest the accused Harinder Dass. In the meanwhile, an FIR bearing No. 60 dated 15.01.2023, under Sections 148, 149 and 307 of IPC and Sections 25, 27 and 30 of the Arms Act was got registered by one Kripal Singh against the present petitioner, his son Akash and other accused. The petitioner was arrested at the spot on 15.01.2023 by respondent No. 4-SI Ran Singh and due to said displeasure, the petitioner has levelled false allegations against him. It is further submitted that even otherwise, the complaint (Annexure P-2) was moved by the petitioner based on the alleged recording dated 16.06.2022, whereas respondent No. 4 had joined duties only on 18.10.2022. More so, in the alleged audio recordings, there was no mention of alleged demand of money. The petitioner had also filed an application before the Court of learned Sessions Judge, Sirsa, which had been dismissed, vide order dated 17.06.2023. Subsequently, accused Harinder Dass had been

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MOHAMMAD WASEEM ANSARI 2025.09.10 09:01 I attest to the accuracy and integrity of this document

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CRM-M-2386-2024 (O&M) -3-

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arrested on 11.08.2023. After completion of necessary investigation, challan in FIR No. 410 has been presented in the Court on 11.12.2023 and the trial is going on.

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Learned State counsel has further submitted that department inquiry was conducted on the complaint of the petitioner submitted against respondent No. 4 but no incriminating evidence had surfaced against him. So far as respondent No. 5 is concerned, after constitution of Dabwali as Police District, the inquiry against respondent No. 5 has been transferred to Police District Dabwal, which is still pending. It is, thus, argued that necessary action in the aforesaid FIR as well as on the complaint filed by the petitioner has already been taken and no further action is called for.

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Learned counsel for the petitioner could not dispute the factual assertions.

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I have heard learned counsel for the parties at considerable length and have also gone through the record carefully.

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As mentioned above, accused Harinder Dass had been arrested and he is now facing trial. The petitioner has nowhere stated in his petition that aforementioned FIR No. 60 had been registered against him and he was arrested by respondent No. 4. He has concealed the said fact. Even otherwise, appropriate action has already been taken by the police in the FIR as well as on the complaint submitted by the petitioner. Hence, no case is made out to issue any directions to the official respondents. More so, the prayer of the petitioner for registering an FIR against respondents No. 4 and 5 cannot be entertained as the remedy for a person having grievance that his FIR has not

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MOHAMMAD WASEEM ANSARI 2025.09.10 09:01 I attest to the accuracy and integrity of this document

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CRM-M-2386-2024 (O&M) -4-

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been registered by the police or the same having been registered, proper investigation is not being done, is not to approach the High Court but to go to the Magistrate concerned under Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (which is pari materia with Section 156(3) of Cr.P.C.) . Reference in this regard can be made to Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 . In view of the above position, no further action is called for in the present petition and the same is disposed of accordingly.

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However, the petitioner is granted liberty to avail his alternative remedy in accordance with law, if so advised.

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09.09.2025 Waseem Ansari	(MANISHA BATRA) JUDGE
Whether speaking/reasoned	Yes/No
Whether reportable	Yes/No

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MOHAMMAD WASEEM ANSARI 2025.09.10 09:01 I attest to the accuracy and integrity of this document

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioner got FIR No. 410 dated 16.06.2022 registered under Sections 406 and 420 IPC at Police Station Civil Lines, Sirsa against one Harinder Dass for allegedly duping him of Rs. 5 lakhs on the pretext of providing a job in Punjab Police as Sub Inspector.¶2
Prior proceeding
Respondents No. 4 and 5, the investigating officers of FIR No. 410 from time to time, allegedly demanded illegal gratification of Rs. 50,000/- from the petitioner for arresting the accused and, despite taking it, neither arrested the accused nor returned the amount, and raised a further demand of Rs. 50,000/- which the petitioner refused; the petitioner relied upon telephonic conversations recording the alleged demands.¶2
Prior proceeding
Status report filed by the respondent-State through learned State counsel.¶3
Prior proceeding
FIR No. 60 dated 15.01.2023 under Sections 148, 149 and 307 IPC and Sections 25, 27 and 30 of the Arms Act registered by one Kripal Singh against the present petitioner, his son Akash and other accused.¶3
Prior proceeding
Petitioner arrested at the spot on 15.01.2023 by respondent No. 4-SI Ran Singh; the State contended that due to said displeasure the petitioner levelled false allegations against him, and that the complaint was based on a recording dated 16.06.2022 whereas respondent No. 4 joined duties only on 18.10.2022.¶3
Prior proceeding
Application filed by the petitioner before the Court of the learned Sessions Judge, Sirsa dismissed vide order dated 17.06.2023.¶3
Prior proceeding
Accused Harinder Dass arrested on 11.08.2023; after completion of necessary investigation, challan in FIR No. 410 presented in Court on 11.12.2023; trial ongoing.¶3
Prior proceeding
Department inquiry conducted on the petitioner's complaint against respondent No. 4; no incriminating evidence surfaced against him.¶4
Prior proceeding
After constitution of Dabwali as Police District, the inquiry against respondent No. 5 transferred to Police District Dabwali and is still pending.¶4

Barjinder Singh v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Barjinder Singh v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

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