Disposed¶24

Sukhdayal and Others v. State of Haryana and Others

Punjab & Haryana HC21 Apr 2025CWP/23356/2018

Case brief

AI extract

What is this about?

Transfer of investigation; FIR No.719 dated 26.08.2018; Sections 186, 323, 332, 353 IPC; P.S. Karnal Civil Lines, District Karnal; alleged police atrocities, illegal detention and beating on 25.08.2018; complaint by Nitu Kumar; chargesheet filed 26.04.2024; trial commenced; writ petition disposed of with liberty to approach trial Court/Illaqa Magistrate; CWP-23356-2018; decided April 21, 2025; Justice Kuldeep Tiwari.

What did the court decide?

No substantive relief; writ petition disposed of, leaving the petitioners free to pursue any surviving grievance before the trial Court/Illaqa Magistrate through the appropriate statutory remedy. ¶24

Sukhdayal and Others Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; writ petition disposed of, leaving the petitioners free to pursue any surviving grievance before the trial Court/Illaqa Magistrate through the appropriate statutory remedy.

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Issue for consideration

Whether directions should be issued to respondent No.1 to transfer the investigation of FIR No.719 dated 26.08.2018 (Sections 186, 323, 332, 353 IPC, P.S. Karnal Civil Lines, District Karnal) to some other district or to some independent agency. +1 more

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Court's answer

In view of the information that the investigation of the FIR stands completed, the chargesheet was filed on 26.04.2024 and one prosecution witness has been examined, and considering the stage of trial, the Court refrained from making any observation on the petitioners' contentions and left that issue to be decided by the trial Court in accordance with law.

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Ratio / Principle

If any grievance of the petitioners survives, they are at liberty to approach the trial Court/Illaqa Magistrate concerned by taking recourse to the appropriate statutory remedy.

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Detailed headnote1 paragraphs

Punjab and Haryana High Court (Kuldeep Tiwari, J.) disposed of a writ petition seeking (i) transfer of the investigation of FIR No.719 dated 26.08.2018, registered under Sections 186, 323, 332, 353 IPC at P.S. Karnal Civil Lines, District Karnal, to another district or independent agency, and (ii) action against respondents No.4 to 10 (police officials) for allegedly illegally detaining the petitioners in custody on 25.08.2018 and causing them beatings. Learned State counsel informed the Court that the investigation already stood completed, the chargesheet was filed way back on 26.04.2024, and one prosecution witness had been examined. Considering especially the stage of trial, the Court refrained from making any observation on the petitioners' contentions, left the issue to the trial Court, and granted the petitioners liberty to approach the trial Court/Illaqa Magistrate through appropriate statutory remedies.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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102

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CWP-23356-2018 Date of Decision : April 21, 2025

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SUKHDAYAL AND OTHERS

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-PETITIONERS

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V/S

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STATE OF HARYANA AND OTHERS

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-RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present: Mr. Akshay Jindal, Advocate with Mr. Bhavya Vats, Advocate and Mr. Vrishank Suri, Advocate for the petitioner.

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Mr. Bhupender Singh, D.A.G., Haryana.

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Mr. Pankaj Bali, Advocate for the respondents No.4 to 8.

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Mr. Kuldeep Sheoran, Advocate for the respondent No.10.

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KULDEEP TIWARI, J. (ORAL)

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The prayer made in the present writ petition appertains to issuance of directions upon the respondent No.1, to transfer the investigation of FIR No.719 dated 26.08.2018, registered under Sections 186, 323, 332, 353 of the IPC, at P.S. Karnal Civil Lines, District Karnal, to some other District or to some independent agency. Moreover, prayer is also made for issuance of directions upon the respondent No.2, to take appropriate action against the respondents No.4 to 10, who illegally detained the petitioners in police custody on 25.08.2018 and caused beatings to them.

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Succinctly stated; the entire issue revolves around an incident which took place on 25.08.2018. On 22.08.2018, one Nitu Kumar submitted a written complaint against one Sanju and Rajeev. Along with this complaint, the

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DEVINDER YADAV 2025.04.23 16:44 I attest to the accuracy and authenticity of this order/judgment

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CWP-23356-2018

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MLR of the injured was also attached. This complaint was marked to A.S.I. Gurdyal for necessary action. In the meanwhile, both the parties decided to compromise the matter and accordingly, they were called in the police station on 25.08.2018. However, in the police station, a scuffle took place between both the parties and resultantly the police officials had to intervene. Apart from allegations and counter allegations being levelled by both the parties against each other, the petitioners have also levelled allegations of commission of atrocities against the police officials/ respondent(s) concerned.

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Today, the learned State counsel has, after having instructions from the quarter concerned, informed this Court that the prayer made in the present writ petition has become infructuous inasmuch as the investigation of the FIR (supra) already stands completed and even the chargesheet also stands filed way back on 26.04.2024. He further submits that, one prosecution witness has also been examined by the trial Court.

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Be that as it may, considering the information purveyed by the learned State counsel, especially the stage of trial, this Court refrains from making any observation with regard to the contentions of the petitioners and leave it for the trial Court to decide this issue in accordance with law. Moreover, in case the petitioners have any grievance left, they are at liberty to approach the trial Court/Illaqa Magistrate concerned by taking recourse to the appropriate statutory remedy.

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5. Disposed of accordingly.

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April 21, 2025	(KU	LDEEP TIWARI) JUDGE
devinder
Whether speaking/reasoned	:	Yes/No
Whether Reportable	:	Yes/No

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DEVINDER YADAV 2025.04.23 16:44 I attest to the accuracy and authenticity of this order/judgment

Sukhdayal and Others v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Sukhdayal and Others 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

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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