Poonam Rani vs State Of Haryana And Ors.

CRM-M-51325 of 2024 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH




259 CRM-M-51325 of 2024 (O&M)
Date of order:30.10.2026
Poonam
..Petitioner
Versus
State of Haryana and others
..Respondents
Sr. No. Particular

1. The date when the judgment is reserved 07.10.2026
2. The date when the judgment is pronounced 30.10.2026
3. The date when the judgment is uploaded on the 30.10.2026
website
4. Whether only operative part of the judgment is Full
pronounced or full judgment is pronounced
5. The delay, if any, of the pronouncement of full Not
judgment and reasons thereof applicable.
CORAM: HON'BLE MS. JUSTICE SHALINI SINGH NAGPAL
Argued by: Mr. Preetinder Singh Ahluwalia, Senior Advocate with
Mr. Kushagra Beniwal, Advocate and
Mr. Deepinder Singh Virk, Advocate
for the petitioner.
Mr. Kshitij Bharati, AAG Haryana.
SHALINI SINGH NAGPAL , JUDGE
1. Prayer in the second petition under Section 528 of the BNSS,
2023 is for de nov o/re-investigation of case arising out of FIR No. 463 dated
29.07.2024, under Sections 22(b) of NDPS Act, Police Station Krishana
Gate, Thanesar, Kurukshetra. Offence under Section 29 NDPS Act was
added in the FIR later on. First petition was dismissed as withdrawn on
REEMA SAINI
2026.10.30 19:21
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01.10.2024 with liberty to file afresh with better particulars.

CRM-M-51325 of 2024 (O&M) 2
2. Learned counsel for the petitioner submits that petitioner was
mother of Manik Kwatra, who was falsely implicated in case arising out of
FIR No. 463 dated 29.07.2024, under Sections 22(b) and 29 of NDPS Act,
Police Station Krishana Gate, Thanesar, Kurukshetra, on the allegations that
he was found in conscious possession of commercial quantity of Alprazolam
tablets. Petitioner’s son was an international roller skating player with
promising sports credentials. He held a drug license and was proprietor of a
Medical Store. The story put forward by the Investigating agency was false
and made up, in the wake of concrete electronic evidence. i.e. CCTV
footage. Infact, on 29.07.2024, Manik Kwatra left for his pharmacy shop
from House No.501, Sector 13, Kurukshetra, in his i-20 car. After about 10
minutes, he crossed Agarsain Chowk, Kurukshetra and was signalled to stop
at Mohan Nagar Flyover. One police officer who introduced himself as
officer of CIA, sat in his car and asked him to drive as per his instructions.
After driving for about few hundred meters, Manik Kwatra was made to take
U-turn from Kanda Chowk. The car was following one Scorpio car of the
investigating agency. Manik Kwatra was then asked to take right turn from
Pipli Road towards Sector 7, Kurukshetra and the car crossed Ratgal
Gurudwara. The entire sequence was captured in CCTV camera installed
near the said Gurudwara. After crossing the Gurudwara, the car took a left
turn and then right turn from Gymkhana club. Thereafter, it reached near
Wisdom Word School. Thus, unimpeachable evidence indicated that
petitioner’s son was picked up by officials of CIA-II Branch, Kurukshetra,
at about 11:15 a.m. and the story of receipt of secret information at 2:30
p.m., sending of ruqa at 3:00 p.m., lodging of FIR at 04:36 p.m., calling
REEMA SAINI
2026.10.30 19:21
DSP Head Quarter at 04:40 p.m., who reached the spot at 05:00 p.m. was
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CRM-M-51325 of 2024 (O&M) 3
falsely framed to implicate petitioner’s son, who was already in custody of
CIA-II before the alleged receipt of secret information. It was argued that
petitioner’s son was a helpless victim of deep rooted conspiracy of the
investigating agency. A representation in this regard was made to DGP,
Haryana, for free and fair investigation but to no avail.
3. Learned counsel further submits that petitioner filed CRM-M-
46758 of 2024 before this Court for free and fair investigation, during
pendency of which, the investigating agency showed undue haste and filed
final report of investigation in the Court. Petitioner’s son was at budding
stage of his professional career and his false implication would have a
drastic impact on his future prospects. He thus prayed that a fresh/ de novo
investigation in the case was necessary as the investigating agency had not
conducted fair, transparent, impartial and truthful investigation in the matter.
Learned counsel further submitted that re-investigation could be ordered
only by the Constitutional Courts and there was no bar for this Court to
order re-investigation/ de novo investigation by Special Investigation Team,
comprising of police officers outside District Kurukshetra, even after filing
of charge-sheet or framing of charges. To support his submissions, learned
counsel referred to the site plan Anneuxre P-11, photographs of car of
petitioner’s son Annexure P-12 to P-15 and Vinay Tyagi v. Irshad Ali @
Deepak, 2013(2) RCR (Criminal) 197, Anant Thanur Karmuse v. State of
Maharashtra, 2023 (2) SCC (Crl.) 568, Babubhai v. State of Gujarat 2010
(95) AIC 232, Pooja Pal v. Union of India, 2019(3) AICLR 764, Vinubhai
Haribhai Malaviya V. State of Gujarat 2019 SCCV Online SC 1346 .
4. Learned State counsel has filed reply to the petition. He
REEMA SAINI
2026.10.30 19:21
submits that on 29.07.2024, when police party headed by ASI Karamvir, was
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CRM-M-51325 of 2024 (O&M) 4
patrolling in the area of Parshuram Chowk at about 2:30 p.m., secret
information was received that petitioner’s son Manik Kwatra sold intoxicant
tablets and could be nabbed selling tablets to drug addicts if a barricading
was laid near Mohan Nagar Railway Bridge cut. Finding the information
reliable, ruqa was sent for registration of case and naka was laid. Vehicle
No.PB-07BB-0784, i-20 white colour, coming from the side of Railway
Bridge cut was apprehended. The driver disclosed his name as Manik
Kwatra. He was personally searched. From search of his car, recovery of
600 tablets of Alprazolam was effected. Petitioner’s son was arrested.
During investigation, accused Satish Kumar was joined and Section 29 of
NDPA Act was added. On completion of investigation, challan was
submitted before learned Trial Court and the matter was pending for framing
of charges. It was argued that petitioner was habitual of filing complaints
against the police to various authorities, on false grounds. Similar complaint
was moved and was filed after due inquiry. Police investigated the matter in
fair manner and there was no occasion to transfer the case to another
investigating agency. CCTV footage of cameras installed at specific
locations had no relevance with the present case. The petition was filed only
to linger on the proceedings and waste precious time of the Court. He prayed
that the petition be dismissed and the interim order staying trial proceedings
be vacated so that the trial may be taken to it logical end.
5. An accused is entitled to fair, impartial, unbiased and true
investigation and an equally fair trial. One of the fundamental canons of
criminal jurisprudence is that investigation ought to be judicious,
transparent and expeditious to ensure compliance with basic rule of law. Not
REEMA SAINI
2026.10.30 19:21
only fair trial, fair investigation is also a part of the constitutional rights
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CRM-M-51325 of 2024 (O&M) 5
guaranteed under Articles 20 and 21 of the Constitution of India. In no
circumstances, investigating agency can be permitted to conduct tainted and
biased investigation. Just like the Courts, the investigating agencies are also
guardians of liberty of innocent citizens and have an onerous responsibility
to ensure that innocent persons are not falsely implicated.
6. There can be no denying that the power to order fresh/ de novo
or re-investigation is vested in the Constitutional Courts. Even if a final
report of investigation has been presented by the investigating agency, there
is no impediment for this Court to exercise its constitutional power, the
purpose and object of which is to ensure fair and just investigation. If a
grave suspicion arises with regard to investigation, Constitutional Courts can
step in and intervene, even if charge sheet has been presented and witnesses
have been examined. However, the suspicion must have some sort of base
and foundation and jurisdiction cannot be exercised on mere asking. The
principle that the power under Article 226 of the Constitution of India or
Section 528 BNSS to direct fresh investigation is to be exercised very
sparingly and with great circumspection is equally well established.
Ordinarily, the Court would not reopen investigation, specially by entrusting
the same to a specialised agency, unless the Court finds investigation
entirely unfair, tainted, undesirable and biased. Unless an extraordinary case
of gross abuse of power by the investigating agency is made out, the Court
should be loathe to interfere with the investigation, a field reserved for the
police and executive.
7. Hon’ble Supreme Court in Vinay Tyagi v. Irshad Ali @
Deepak’s case (supra), has observed that this is a power of wide plenitude
REEMA SAINI
2026.10.30 19:21
and, therefore, has to be exercised sparingly. The principle of rarest of rare
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CRM-M-51325 of 2024 (O&M) 6
cases would squarely apply to such cases. Unless the unfairness of the
investigation is such that it pricks the judicial conscience of the Court, the
Court should be reluctant to interfere in such matters to the extent of
quashing an investigation and directing a ‘fresh investigation’.
8. The facts of the present case need to be examined on the touch
stone of the above well settled principles of law above.
9. The prayer for reinvestigation of the case has its foundation in
electronic evidence, in the form of CCTV footage collected from cameras
installed in various parts of Kurukshetra city. Annexure P-12 is the image
from a camera, which shows a car near the house of the petitioner, number
of which is not even visible. Thereafter in Annexure P13 and P14, the car
can be seen at various others locations in the city. Pertinent to note that
identity of the driver or other occupant of the car is not discernable in the
pictures. Infact, the pictures do not reveal that there are 2 persons in the car.
Neither petitioner’s son nor any officer of the CIA staff is visible in the
images. Identity of the police officer of CIA staff, who allegedly stopped
petitioner’s son at about 11:15 a.m. at Mohan Nagar flyover and asked him
to drive behind a Scorpio vehicle is not disclosed. From the photographs
appended, it cannot be gathered that the car i-20 was made to follow another
Scorpio vehicle which belonged to the investigating agency. There is no
malicious motive attributed to the police of CIA staff for falsely implicating
petitioner’s son in a case of commercial quantity of contraband. The
photographs showing a vehicle moving from one place to another in the
city, captured in the CCTV cameras installed at various locations, cannot be
relied upon to hold even prima-facie that investigation of the case is tainted,
REEMA SAINI
2026.10.30 19:21
biased and non interference by the Court would result in injustice.
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CRM-M-51325 of 2024 (O&M) 7
10. After considering the entire material relied upon by the
petitioner, the Court does not find it to be a case of exceptional character,
warranting exercise of inherent powers under Section 528 of the BNSS,
2023 to order re-investigation/ de novo investigation by a special
investigating team of officers outside District, Kurukshetra. Order for
reinvestigation cannot be passed as a matter of routine, merely because
petitioner has levelled some allegations against the local police. There are
no extraordinary circumstances necessitating de novo investigation.
11. The petition is accordingly dismissed.
All the pending miscellaneous applications, if any, stand
disposed of.
(SHALINI SINGH NAGPAL)
JUDGE
30.10.2026
reema
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
REEMA SAINI
2026.10.30 19:21
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