Punjab & Haryana High Court Monthly Round Up: March 2024

Nominal Index [Citations 65 - 101]

Axx v. STATE OF HARYANA AND ANOTHER 2024 LiveLaw (PH) 65

XXX v.XXX 2024 LiveLaw (PH) 66

KARAMJEET KAUR v. STATE OF PUNJAB AND OTHER 2024 LiveLaw (PH) 67

Savita v. State of Haryana 2024 LiveLaw (PH) 68

Vinit Yadav v. State of Haryana 2024 LiveLaw (PH) 69

Abhinav Kiran Sekhon v. State of Punjab and another 2024 LiveLaw (PH) 70

BHUPENDER SINGH v. STATE OF HARYANA 2024 LiveLaw (PH) 71

Dilbag Singh @ Dilbag Sandh v. UOI & Air. 2024 LiveLaw (PH) 72

Amrik Kaur v. State of Punjab 2024 LiveLaw (PH) 73

State of Punjab v. Baljinder Kumar @ Kala 2024 LiveLaw (PH) 74

Sanjeev Singh v. Rohit Hurria and others 2024 LiveLaw (PH) 75

XXX v.XXX 2024 LiveLaw (PH) 76

Rajinder Singh Bhullar v. Ranjit Singh 2024 LiveLaw (PH) 77

XXX v. State of Punjab and ors. 2024 LiveLaw (PH) 78

State of Punjab and ors. 2024 LiveLaw (PH) 79

MAX SUPER SPECIALITY HOSPITAL AND ANOTHER v. STATE OF PUNJAB AND ANOTHER 2024 LiveLaw (PH) 80

XXX v. XXX 2024 LiveLaw (PH) 81

Sant Gurmeet Ram Rahim v. State of Punjab & Ors. 2024 LiveLaw (PH) 82

Sarvesh Devi v. State of Haryana and others 2024 LiveLaw (PH) 83

Gurinder Pal Singh @ Tinku v. ED 2024 LiveLaw (PH) 84

XXX v. State of U.T. Chandigarh and Others 2024 LiveLaw (PH) 85

Mukul Garg v. CBI & anr. 2024 LiveLaw (PH) 86

JAGDISH @ KALU NATH v. STATE OF HARYANA AND ORS. 2024 LiveLaw (PH) 87

XXX v. XXX 2024 LiveLaw (PH) 88

Roma Rani v. State of Punjab and others 2024 LiveLaw (PH) 89

ED v. Narinder Khillan 2024 LiveLaw (PH) 90

M/S Shri Balaji Agro Industries V/S State Of Punjab And Another 2024 LiveLaw (PH) 91

Gurwinder Singh v. State of Punjab 2024 LiveLaw (PH) 92

Anjana v. Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd. 2024 LiveLaw (PH) 93

XXX v. XXX 2024 LiveLaw (PH) 94

Jyoti Bala v. State of Punjab and others 2024 LiveLaw (PH) 95

Harey Ram v. State of Punjab 2024 LiveLaw (PH) 96

GAUTAM SEHGAL v. STATE OF PUNJAB 2024 LiveLaw (PH) 97

Balwinder Singh v. State of Punjab & others 2024 LiveLaw (PH) 98

Sikandar Singh v. Directorate of Enforcement and another 2024 LiveLaw (PH) 99

X v. State of Haryana and ors.2024 LiveLaw (PH) 100

M/S Dharam Pal Maddar And Sons Vs Union Of India Through Senior D.E.N. Iii Drm Office Northern Railway, Ferozepur. 2024 LiveLaw (PH) 101

Reports:

[POCSO Act] Mandatory For Any Person Having Knowledge Of Offence To Inform Police Authorities: Punjab & Haryana High Court

Title: Xxx v. State of Haryana & Anr.

Citation: 2024 LiveLaw (PH) 65

The Punjab & Haryana High Court has made it clear that any person knowing about the commission of an offence against a child under the Protection of Children from Sexual Offences (POCSO) Act must inform the police or Special Juvenile Police Unit (SPJU) irrespective of whether the concerned person is a parent of the child or friend. The Court was hearing a plea of a victim's mother seeking quashing of an application pending before the trial court to add her as an accused, for failing to report to to report the sexual harassment of her son to the police.

While refusing to quash the application, Justice Deepak Gupta said, "The use of the word 'shall' in Section 19(1) of the POCSO Act makes the intention of the legislature quite clear that it is mandatory for any person having knowledge of the offence to inform the Special Juvenile Police Unit [SJPU] or the local police. It is irrespective of the fact as to whether the concerned person having knowledge of the offence is part of some institution or the parent of the child or a friend etc."

Limitation Act | It Is Not Length Of Delay But Explanation Which Is Relevant For Considering Condonation: Punjab & Haryana High Court

Title: XXX v.XXX

Citation: 2024 LiveLaw (PH) 66

The Punjab and Haryana High Court has observed that in the plea for condonation of delay under Limitation Act, "It is not the length of delay (sought to be condoned) but explanation thereof which is relevant for consideration by a Court."

Justice Sumeet Goel explained that, "A liberal approach, undoubtedly, ought to be accorded to a plea for condonation of delay made under Section 5 of The Limitation Act, 1963 so as to further the cause of substantial justice. The concept of substantial justice essentially includes in itself the desirability of adiudication of a claim of the litigant on merits thereof rather than rejection of the same, at the threshold, on account of being barred by limitation."

Victim Of Cruelty Cannot Be Blamed For Abetment Of Suicide Of Accused Because Of Complaint Made: Punjab & Haryana High Court

Title: KARAMJEET KAUR v. STATE OF PUNJAB AND OTHER

Citation: 2024 LiveLaw (PH) 67

The Punjab and Haryana High Court has observed that the victim of cruelty who made complaint cannot be held responsible for abetment of suicide of the accused. Justice Harkesh Manuja said, "it cannot be accepted that when a person suffering from cruelty makes a complaint and later on the alleged accused commits suicide then the victim becomes responsible for the extreme step."

The Court was hearing an appeal against acquittal of a woman and her two siblings who were accused of abetment to suicide of the woman's husband.

'False Accusations Would Ridicule Serious Crime': Punjab & Haryana HC Issues Directions To Police To Curb 'Menace Of Sextortion'

Title: Savita v. State of Haryana

Citation: 2024 LiveLaw (PH) 68

Observing that false accusations of sexual assault would ridicule serious crime, "turning it into something frivolous, which can never be the intention of the lawmakers," the Punjab & Haryana High Court issued a slew of directions to the police to curb the "menace of sextortion".

In a case where Police Officials were accused of taking a bribe to settle a rape case by "dubious compromise", Justice Anoop Chitkara observed,

"It is disheartening that our penal laws, which were put in place to protect and defend the survivors of sexual assaults are being used today as a weapon by certain evil-intentioned members of society to extort money from the public for illegal gains or for taking revenge, creating fear in the minds of the targeted people to cause injury to their honour, capitalizing and preying on their fear, vulnerability, and helplessness. This cannot be allowed to go on as it would unravel chaos in the system. It would amount to ridiculing a serious crime like sexual assault, turning it into something frivolous, which can never be the intention of the makers of law."

'Alarming Delays In Reports From Forensic Science Labs': High Court Forms Panel To Look Into Functioning Of FSL's In Punjab & Haryana

Title: Vinit Yadav v. State of Haryana

Citation: 2024 LiveLaw (PH) 69

The Punjab & Haryana High Court has constituted a three-member committee to look into the functioning of the Forensic Science Laboratories across the States of Haryana and Punjab, specifically focusing on the inordinate delay and lapses that have been repeatedly coming to the notice of this Court during the hearing of multiple cases.

'Repeated Acts Of Insubordination During Probation Sets Bad Example For Judicial Officers': High Court Upholds Expulsion Of Punjab Judge

Title: Abhinav Kiran Sekhon v. State of Punjab and another

Citation: 2024 LiveLaw (PH) 70

The Punjab & Haryana High Court upheld the expulsion of a Punjab Civil Judge (Junior Division), observing that, an officer who repeatedly committed acts of insubordination during probation would continue after it and he is setting a bad example for other Judicial Officers.

NDPS Probes In Himachal Pradesh Far Superior: High Courts Directs DGPs Of Punjab & Haryana To Send Police Officers For Training

Title: BHUPENDER SINGH v. STATE OF HARYANA

Citation: 2024 LiveLaw (PH) 71

Observing that investigations in NDPS matters in the state of Himachal Pradesh "is far superior" than the investigation done in the States of Punjab and Haryana, the Punjab & Haryana High Court has directed the DGP of both the states to take the Investigating Officer for training at Police Training Centre (PTC), Daroh Dharamshala.

[PMLA] Enforcement Directorate Can't Restrain Movement Of Persons Whose Premises Are Being Searched: Punjab & Haryana High Court

Dilbag Singh @ Dilbag Sandh v. UOI & Air.

Citation: 2024 LiveLaw (PH) 72

The Punjab & Haryana High Court has made it clear that the Enforcement Directorate (ED) cannot restrain the movements of the persons, whose premises are being searched in money laundering cases.

Lack Of Appropriate Facilities In Judicial Complexes Leads To Denial Of Access To Justice For Persons With Disabilities: Punjab & Haryana HC

Amrik Kaur v. State of Punjab

Citation: 2024 LiveLaw (PH) 73

The Punjab & Haryana High Court has taken suo moto cognizance of the lack of infrastructure in judicial complexes which may be inaccessible to persons with disabilities in Punjab, Haryana and U.T. Chandigarh.

'Shocked Conscience Of Society': Punjab & Haryana HC Upholds Death Penalty For Man Who Killed Wife, Kids & Sister-In-Law

Title: State of Punjab v. Baljinder Kumar @ Kala

Citation: 2024 LiveLaw (PH) 74

Observing that the case has "shocked the collective conscience of the society", the Punjab & Haryana High Court has confirmed the death penalty for a man who was convicted of murdering his wife, two minor children, and sister-in-law, over a dispute of merely Rs.35,000 in Punjab's Phagwara.

'Public Employment Based On Equality, Those Obtaining Employment Through Back-Door Ought To Go Out The Same Way': Punjab & Haryana HC

Title: Sanjeev Singh v. Rohit Hurria and others

Citation: 2024 LiveLaw (PH) 75

Observing that "entire edifice of a public appointment rests on the principle of equality in employment", the Punjab & Haryana High Court has set aside the appointment of a Senior Manager who was selected in Haryana State Industrial & Infrastructure Development Corporation, without even applying for the post.

'No Benefit In Depriving Minor Child Of His Mother', Punjab & Haryana High Court Releases On Probation Woman Convicted For Bigamy

Title: XXX v.XXX

Citation: 2024 LiveLaw (PH) 76

Taking a "lenient view", the Punjab and Haryana High Court directed to release a woman on probation who was convicted for committing Bigamy, having a minor child to look after.

Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda

Title: Rajinder Singh Bhullar v. Ranjit Singh

Citation: 2024 LiveLaw (PH) 77

The Punjab and Haryana High Court has set aside the summoning order in a cheating case which was lodged 22 years after the alleged incident, observing that prosecution cannot be allowed to take undue benefit of the available legal remedies merely to further its own malicious agenda.

[Article 21] 'Prima-Facie' Satisfaction Of Potential Harm To Couple Sufficient To Pass Protection Orders: Punjab & Haryana High Court

Title: XXX v. State of Punjab and ors.

Citation: 2024 LiveLaw (PH) 78

Punjab and Haryana High Court has observed that whenever the Court is "prima-facie" satisfied that relatives are unhappy with the relationship of a couple and can cause harm to them, the Courts are required to pass directions for their protection.

Right To Sexual Autonomy Comes With Responsibility But Can't Be Denied: P&H HC Directs Re-Examining Possibility Of Terminating 26-Week Pregnancy Of Class 12 Student

Title: XXX v. State of Punjab and ors.

Citation: 2024 LiveLaw (PH) 79

Observing that unmarried women, who exercise their right to sexual autonomy, cannot be denied consideration for seeking medical termination of pregnancy, the Punjab & Haryana High Court has said that "exercise of a right of sexual autonomy also at times comes along with the responsibility to discharge duties that arise on exercise of such an option."

'Gross Medical Negligence, Amounts To Cheating': P&H HC Declines To Quash Summons Against Max Hospital For Allegedly Installing Cheap Pacemaker Resulting In Patient's Death

MAX SUPER SPECIALITY HOSPITAL AND ANOTHER v. STATE OF PUNJAB AND ANOTHER

Citation: 2024 LiveLaw (PH) 80

Observing that "apart from medical negligence, it is more a case of cheating", the Punjab & Haryana High Court has refused to set aside the summoning order against Max Super Specialist Hospital and its cardiologist who were booked for allegedly implanting a cheap pacemaker to make a profit which resulted in patient's death.

Complainant Must Show Sufficient Cause For Bypassing Magistrate, Directly Approaching HC For Registering FIR: Punjab & Haryana High Court

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 81

The Punjab & Haryana High Court has made it clear that before moving High Court under Section 482 CrPC seeking registration of FIR, the complainant should show sufficient cause for not approaching the Jurisdictional Magistrate first.

2015 Sacrilege Cases: High Court Frames 4 Questions For Larger Bench On Ram Rahim's Plea Challenging Punjab's Withdrawal Of Consent For CBI Probe

Title: Sant Gurmeet Ram Rahim v. State of Punjab & Ors.

Citation: 2024 LiveLaw (PH) 82

The Punjab and Haryana High Court has framed four questions while referring Dera Sacha Sauda chief Gurmeet Ram Rahim's plea challenging Punjab Government's withdrawal of consent for CBI probe into 2015 Sacrilege Cases, in which he is an accused. The plea had also sought directions to CBI to continue with the investigation in the Sacrilege cases.

'Inhuman Approach': P&H HC Imposes ₹1 Lakh Cost On Haryana Govt For Stopping Widow's Family Pension Over Excess Amounts Received By Her Due To Dept's Error

Sarvesh Devi v. State of Haryana and others

Citation: 2024 LiveLaw (PH) 83

The Punjab & Haryana High Court has imposed a cost of Rs.1 Lakh on the Haryana Government for its "insensitive and inhuman" approach of deducting the excess amount paid in pension due to the Department's negligence, which deprived a widow of family pension.

PMLA | When Investigating Agency Didn't Arrest, But Trial Court Wants Judicial Custody On Filing ECIR There Must Be Reasons To Deny Bail: P&H High Court

Title: Gurinder Pal Singh @ Tinku v. ED

Citation: 2024 LiveLaw (PH) 84

The Punjab & Haryana High Court has made it clear that in Prevention of Money Laundering Act (PMLA) cases when the investigating agency did not arrest, but the trial court wants judicial custody on filing the complaint, the Court must give reasons for denying bail.

Application Of Statutes Must Be Based In Reality: Punjab & Haryana HC Quashes POCSO Case Against Youth For Consensually Impregnating Minor Wife

Title: XXX v. State of U.T. Chandigarh and Others

Citation: 2024 LiveLaw (PH) 85

The Punjab & Haryana High Court has quashed a rape case against a husband who was accused of committing sexual intercourse consensually with his minor wife, observing that application of statutes like the Protection of Children from Sexual Offences Act, 2012 (POCSO) cannot be divorced from the reality of the situation.

Custodial Death: Punjab & Haryana High Courts Directs CBI Probe Into Death Of Young Girl In Police Custody, Says SIT Ignored Vital Questions

Mukul Garg v. CBI & anr.

Citation: 2024 LiveLaw (PH) 86

The Punjab and Haryana High Court has directed CBI to probe into the custodial death of a girl who allegedly died due to torture in Punjab Police custody in 2017.

The plea was filed by the deceased's fiancee who alleged that he along with deceased Ramandeep Kaur was taken in the Police Custody to investigate a case pertaining to fraud. Kaur allegedly died during interrogational torture.

'Oppressive & Harsh', Punjab & Haryana High Court Modifies Parole Condition To Furnish Surety Bond Of Rs. 2 Lakhs

Title: JAGDISH @ KALU NATH v. STATE OF HARYANA AND ORS.

Citation: 2024 LiveLaw (PH) 87

Observing that it is "oppressive and harsh", the Punjab and Haryana High Court modified the parole condition to furnish personal bond of Rs. 2 lakhs along with two sureties.

Not Safe To Rely On DNA Report In Absence Of Evidence Regarding How Samples Were Collected: P&H High Court Acquits POCSO Rape Convict

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 88

The Punjab & Haryana High Court acquitted a man convicted of raping a minor girl, observing that there was "an important break in the chain of link evidence to prove that the vaginal swabs" were taken for medical examination of the alleged victim.

'Effort Made To Scandalise Reputation Of Court': P&H HC Directs Criminal Contempt Against Petitioner Who Made Contemptous Allegations Against Sitting HC Judges

Title: Roma Rani v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 89

The Punjab & Haryana High Court has directed a criminal contempt case against a petitioner who alleged in a Public Interest Litigation (PIL) that the Police are running an extortion business under the "proper patronage" of the sitting High Court judge.

'ED Oblivious To Ground Realities': Punjab & Haryana HC Rejects Agency's Plea Against 4 Days Release Of Accused For Preparing His Defence

Title: ED v. Narinder Khillan

Citation: 2024 LiveLaw (PH) 90

The Punjab and Haryana High Court has dismissed the Enforcement Directorate's (ED) plea challenging the four day release of an accused arrested under Prevention of Money Laundering Act, granted by special court to enable him to procure documents in his defence.

Suspension Of GST Registration Deemed To Be Revoked If Show Cause Notice Not Decided Within 30 Days Of Reply: Punjab & Haryana High Court

Case Title: M/S Shri Balaji Agro Industries V/S State Of Punjab And Another

Title: 2024 LiveLaw (PH) 91

The Punjab and Haryana High Court has held that suspension of GST registration is deemed to be revoked if a show cause notice is not decided within 30 days of reply. The bench of Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma has allowed interim relief for revocation of the suspension of the petitioner's GST registration and observed that the GST Department had not adjudicated upon a Show Cause Notice dated November 21, 2023, which had also suspended the petitioner's GST registration.

Employees Vulnerable To Temptation Should Not Be Given Govt Jobs, Any Sympathy 'Erodes Democracy's Success': Punjab & Haryana High Court

Title: Gurwinder Singh v. State of Punjab

Citation: 2024 LiveLaw (PH) 92

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Patwari accused of accepting a bribe for entering a mutation based on forged documents observing that, employees vulnerable to temptations must not be given government jobs and any sympathies with such employees "erodes democracy's success."

'Crossed All Boundaries': P&H HC Imposes ₹5 Lakh Cost On CONFED For Withholding Deceased Employee's Pension, Seeking Recovery Of Losses From Widow

Title: Anjana v. Haryana State Federation of Consumers Co-operative Wholesale Stores Ltd.

Citation: 2024 LiveLaw (PH) 93

The Punjab & Haryana High Court has imposed a cost of Rs. 5 lakh on the Haryana State Federation of Consumers Co-Operative (CONFED) for not releasing the retiral benefit of an accountant who retired in 2015 upon finding that the actions against him were "atrocious" and violative of right to livelihood under Article 21 of the constitution.

It was stated that three chargesheets were issued by the CONFED against the employee on allegations of shortfall due to less moisture gain in the stocks.

'Denial Of Dignity Leads To Injustice, Agony Of Unborn Child': P&H High Court Allows Termination Of Pregnancy For 13 Yr-Old Rape Victim

Title: XXX v. XXX

Citation: 2024 LiveLaw (PH) 94

Observing that "life is not just about being able to breathe, rather it is about being able to live with dignity", the Punjab & Haryana High Court has allowed termination of the 21-week pregnancy of a 13-year-old rape victim. According to the Medical Termination of Pregnancy (MTP) Act, termination of the pregnancy can be allowed by the two registered medical practitioners for up to 20 weeks. However, beyond 20 weeks to 24 weeks, only certain categories of women are allowed to terminate pregnancy.

High Court Directs Appointment Of Teacher Rejected By Punjab Govt For Acquiring Teaching Experience From Outside State, Says Action Violates Article 14

Title: Jyoti Bala v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 95

The Punjab & Haryana High Court has directed the appointment of a Punjab Government teacher who was rejected on the ground that the essential experience required was gained by him from teaching outside the State.

'Fight Took Place In Spur Of Moment, No Premeditation': Punjab & Haryana HC Modifies Murder Conviction To Culpable Homicide Not Amounting To Murder

Title: Harey Ram v. State of Punjab

Citation: 2024 LiveLaw (PH) 96

The Punjab & Haryana High Court has modified the conviction of a murder case under Section 302 IPC into culpable homicide not amounting to murder under Section 304 IPC, observing that the fight which took place between the convict and deceased was not premeditated.

'Drug Peddlers Destroy Social Fabric, Need No Sympathy': Punjab & Haryana High Court Refuses Bail For Chemist Accused Of Smuggling Contraband

Title: GAUTAM SEHGAL v. STATE OF PUNJAB

Citation: 2024 LiveLaw (PH) 97

The Punjab & Haryana High Court has refused to grant bail to a chemist accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Act for allegedly selling "dangerous contraband", observing that drug peddlers need to be dealt with firmly and sternly with no sympathy.

'Police Officer Has To Maintain Greater Discipline, Act Of Remaining Absent From Duty Is Gravest From Of Misconduct': Punjab & Haryana High Court

Title: Balwinder Singh v. State of Punjab & others

Citation: 2024 LiveLaw (PH) 98

The Punjab & Haryana High Court has rejected the plea of a police officer challenging his dismissal for being absent from his duty without leave for 259 days.

Acting Chief G.S. Sandhawalia and Justice Lapita Banerji said, "We are of the considered opinion that it is settled principle by various judgments that a man in uniform has to maintain greater discipline and the act of remaining absent from duty is a gravest act of misconduct."

PMLA | Stay On FIR Doesn't Bar ED From Registering ECIR: Punjab & Haryana High Court

Sikandar Singh v. Directorate of Enforcement and another

Citation: 2024 LiveLaw (PH) 99

The Punjab and Haryana High Court has made it clear that stay on a FIR lodged on a predicate offence does not mean that the Enforcement Directorate (ED) cannot register an Enforcement Case Information Report (ECIR) for a money laundering case under Prevention of Money Laundering Act, 2002 (PMLA).

No Offence Of 'Immoral Trafficking' Committed By Spa Customer Caught With Employee During Raid: Punjab & Haryana High Court

Title: X v. State of Haryana and ors.

Title: 2024 LiveLaw (PH) 100

The Punjab & Haryana High Court has set aside the FIR lodged against a man under the Immoral Traffic (Prevention) Act and other offences, after he was allegedly found in an objectionable position in a spa during a Police raid, observing that he was only the customer at the Spa and no offence was made out under relevant provisions.

Notice For Appointment Of Arbitrator Need Not Be Addressed To General Manager, Registered Post To Railways Fulfils The Condition: Punjab & Haryana High Court

Title: M/S Dharam Pal Maddar And Sons Vs Union Of India Through Senior D.E.N. Iii Drm Office Northern Railway, Ferozepur.

Citation: 2024 LiveLaw (PH) 101

The Punjab and Haryana High Court single bench of Justice Vinod S. Bhardwaj held that notice for appointment of an Arbitrator was not necessarily required to be addressed to the General Manager of the Railways. Notice to invoke arbitration was said to be fulfilled as it was sent by a registered post to the Railways.