The High Court dismissed as withdrawn a petition seeking transfer of investigation to an independent agency once a cancellation report had already been filed, reiterating that such petitions do not survive. The case maintains the status quo in procedural law and serves as binding precedent for lower courts within the Punjab and Haryana High Court’s jurisdiction.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/49715/2024 of REKHA Vs STATE OF HARYANA AND ORS |
| CNR | PHHC011344242024 |
| Date of Registration | 01-10-2024 |
| Decision Date | 10-09-2025 |
| Disposal Nature | DISMISSED |
| Judgment Author | MR. JUSTICE NAMIT KUMAR |
| Court | High Court of Punjab and Haryana |
| Precedent Value | Binding within Punjab & Haryana High Court jurisdiction |
| Overrules / Affirms | Affirms existing precedent on procedural effect of cancellation report on transfer petitions |
| Type of Law | Criminal Procedure |
| Questions of Law | Whether a petition seeking transfer of investigation under Section 528 B.N.S.S. survives after the filing of a cancellation report. |
| Ratio Decidendi |
Once a cancellation report is filed in respect of the FIR, petitions seeking transfer of investigation under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are rendered infructuous. The legal process subsequent to filing of such a report leaves no occasion for transfer of investigation or appointment of an independent agency at the High Court’s direction. The Court noted the petitioner’s counsel withdrew the petition in light of the cancellation report. The Court accordingly dismissed the petition as withdrawn. |
| Facts as Summarised by the Court |
The petitioner filed for transfer of investigation of FIR No.139/2024 (Sections 376(2)(n), 406, 506 IPC) to an independent agency or senior police officer. During pendency, State counsel informed a cancellation report had been filed before the trial court on 03.07.2025. At the subsequent hearing, the petitioner withdrew the petition, which was therefore dismissed as withdrawn. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts within Punjab and Haryana High Court jurisdiction |
| Persuasive For | Other High Courts considering similar applications under Section 528 BNSS after cancellation report |
| Follows | Follows established procedural law regarding effect of cancellation report on investigation transfer petitions |
What’s New / What Lawyers Should Note
- Reaffirms that once a cancellation report is filed concerning an FIR, any pending petition seeking transfer of investigation becomes infructuous.
- Lawyers should verify the current status of the investigation or cancellation report before moving for transfer of investigation.
- Withdrawal of petitions under these circumstances is the appropriate course, as transfer is no longer viable post-cancellation report.
- This principle may be cited to prevent parallel or redundant proceedings where cancellation has already been recommended by investigating authorities.
Summary of Legal Reasoning
- The Court recorded the State’s submission—based on instructions from the Investigating Officer—that a cancellation report had already been filed before the trial court.
- Citing this factual development, the Court acknowledged no further purpose would be served by adjudicating the petition for investigation transfer.
- Upon request of the petitioner’s counsel, and recognizing the legal position that such petitions become infructuous post-cancellation report, the Court permitted withdrawal and dismissed the petition accordingly.
Arguments by the Parties
Petitioner:
- Sought direction to have FIR No.139/2024 investigated by an independent agency/SIT or by an officer not below the rank of Deputy Superintendent of Police.
Respondent (State):
- Informed the Court that a cancellation report had been filed before the trial court as of 03.07.2025, rendering the petition infructuous.
Factual Background
The petitioner filed a criminal miscellaneous petition seeking transfer of the investigation pertaining to FIR No.139 dated 28.03.2024, registered under Sections 376(2)(n), 406, and 506 of the IPC at Faridabad, to an independent agency or a senior police officer. During the pendency of the petition, the State submitted that a cancellation report had been filed before the trial court. Subsequently, the petitioner withdrew the petition which was then dismissed by the Court.
Statutory Analysis
- The Court considered Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the High Court with powers to transfer investigations under certain circumstances.
- The judgment clarified that procedural events—such as the filing of a cancellation report—can render requests for transfer of investigation infructuous, rendering the exercise of Section 528 powers unnecessary or moot.
- No “reading down” or expansive interpretation was involved.
Dissenting / Concurring Opinion Summary
No concurring or dissenting opinions were delivered; the decision was rendered by a single judge.
Procedural Innovations
No procedural innovations, new guidelines, or changes to evidence requirements or locus standi were indicated in the judgment.
Alert Indicators
- Precedent Followed – When existing law is affirmed.