The High Court of Punjab and Haryana reaffirmed that when a police inquiry—prompted by a judicial directive—finds no evidence supporting the petitioner’s allegations and civil litigation over the disputed matter is ongoing, the Court will not intervene further under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. This judgment clarifies the scope of judicial directions upon police authorities in land disputes involving overlapping civil and criminal allegations and is binding authority for similar matters within Punjab & Haryana.
Summary
| Category | Data |
|---|---|
| Case Name | CRM-M/38420/2025 of MANPREET KAUR Vs STATE OF PUNJAB AND ANOTHER |
| CNR | PHHC011109492025 |
| Date of Registration | 18-07-2025 |
| Decision Date | 01-09-2025 |
| Disposal Nature | DISPOSED OF |
| Judgment Author | MS. JUSTICE KIRTI SINGH |
| Court | High Court of Punjab and Haryana |
| Bench | Single Bench: Ms. Justice Kirti Singh |
| Precedent Value | Binding within jurisdiction of Punjab & Haryana High Court |
| Type of Law | Criminal Procedure / Police Action under Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Questions of Law | Whether the Court should direct police authorities to take action under Section 528 BNSS when inquiry finds allegations baseless and civil proceedings are ongoing. |
| Ratio Decidendi | The Court held that when the police, after thorough inquiry on the petitioner’s representation, find no substance in the criminal allegations and ongoing civil litigation addresses the real dispute, judicial intervention is unwarranted. The case draws a clear line on the limits of Court directions to police under Section 528 BNSS, especially where there is no independent evidence to substantiate criminal allegations and a parallel civil dispute exists. Once the police inquiry reports show the complaint is unfounded and administrative superiors have approved closure, the judicial proceeding is rendered infructuous. |
| Facts as Summarised by the Court | The petitioner alleged forcible dispossession and outraging of modesty, relying on photographs and pen drives, during an ongoing land dispute. Multiple representations were filed before police. Police inquiry found no evidence of criminal conduct by the accused, but established a civil land dispute and an unrelated FIR against the petitioner’s husband. Police concluded petitioner’s allegations were baseless and recommended closure, which was accepted by higher police officials. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts and police authorities within the jurisdiction of Punjab & Haryana High Court |
| Persuasive For | Other High Courts in India considering similar procedural facts under BNSS |
What’s New / What Lawyers Should Note
- The High Court clarifies the boundaries of Section 528 BNSS powers: If the police inquiry, on directions of the Court, finds allegations baseless and records closure with supervisory approval, the Court will not issue further directions.
- Introduction of BNSS procedural provisions into judicial review of police inaction/representation.
- Lawyers representing petitioners should ensure availability of substantiating evidence before invoking Section 528 BNSS for police direction in civil-tinged disputes.
- In cases where a civil dispute is predominant and criminal allegations are not supported by evidence, the procedural closure by the police may bar further judicial remedy.
- Repeated representations to police and submission of additional evidence (e.g., pen drives, photographs) will be judicially scrutinized for bona fides and factual consistency.
Summary of Legal Reasoning
- The petition was filed under Section 528 BNSS seeking a direction for police to decide on the petitioner’s representation alleging criminal conduct in a land dispute.
- The Court, after ensuring police compliance, considered the detailed status report. This report concluded that the land dispute was civil in nature, no criminality was found, the petitioner’s evidence (photos, pen drives) was unsubstantiated, and that the petitioner herself admitted to lack of criminal evidence on CCTV.
- The police authorities (SHO, DSP, SSP) all approved consignment of the petitioner’s application, finding the allegations false and recommending no further action.
- The High Court found that nothing remains to be adjudicated once a competent police inquiry, properly reviewed by superior officers, has been accepted and indicates the matter is civil rather than criminal.
- Accordingly, the petition was disposed as infructuous, refusing further directions to compel the police.
Arguments by the Parties
Petitioner
- Alleged that accused attempted forcible possession of land leased by her family.
- Claimed the accused abused her and her sister-in-law, tore her clothes, and attempted to outrage her modesty.
- Relied upon representations, photographs, and pen drives submitted to authorities.
Respondent/State
- Submitted status report showing a police inquiry had been conducted.
- Explained that civil litigation was ongoing between parties.
- Inquiry found no evidence of criminal conduct by the accused.
- Investigated additional evidence (pen drive, photos); petitioner herself admitted absence of criminal conduct therein.
- Noted that the petitioner’s husband had an FIR registered against him arising from the same dispute.
- Higher police authorities approved closing the case with no further action required.
Factual Background
The dispute arose in the context of ongoing civil litigation over land, leased by the petitioner’s husband and father-in-law. The petitioner alleged forcible possession was attempted by accused, who also abused and outraged her modesty, supporting this with representations, photos, and pen drives. Multiple representations were filed with authorities, but no action was forthcoming, prompting the petition under Section 528 BNSS. Police inquiry, triggered by court order, found no evidence supporting the allegations and recommended termination of proceedings. The petitioner’s husband was himself facing an FIR regarding a firearm incident during the same dispute.
Statutory Analysis
Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was invoked, which allows the Court to direct authorities to decide pending representations. The judgment confirms the scope of the section: judicial intervention is not warranted once a police inquiry, including examination of evidence submitted by the petitioner, finds no substance to the allegations and higher police supervisors concur in closure. No interpretation beyond this procedural application was discussed.
Dissenting / Concurring Opinion Summary
No concurring or dissenting opinions were recorded in the judgment.
Procedural Innovations
- Reiteration that status reports by State, based on thorough police inquiry and administrative approval, can bring closure to petitions for directions under Section 528 BNSS when findings are unambiguous.
- The Court permitted submission of further evidence (additional pen drive) and directed inquiry on the same within the proceedings, upholding principles of procedural fairness.
Alert Indicators
- ✔ Precedent Followed – Court reaffirms limits of judicial direction when police inquiry, with administrative oversight, finds allegations are baseless.
Citations
No formal law report, SCC, AIR, MANU, or neutral citations provided in the judgment text.