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Judgment
Jasjit Singh Bedi, J.
The prayer in the present petition under Section 528 of BNSS, 2023 is for issuance of an appropriate order or direction to the official respondents to conduct a free, fair, and impartial investigation in FIR No.0031 dated 30.04.2025 (Annexure P-1) registered under Section 106, 281 of BNS, 2023 at Police Station Dhilwan, District Kapurthala.
The brief facts of the case are that on 08.04.2025, one Gurpal Singh, son of Harnam Singh, husband of petitioner No. 1 and father of petitioner No. 2 had gone to village Dhaliwal Bet on his Activa. On the way back, at about 04:30 PM, Gurpal Singh met with an accident due to being struck by an Innova vehicle. He was taken to the hospital where he died on 09.04.2025. Subsequently, he was cremated on 12.04.2025.
Later, it transpired that an Innova vehicle bearing registration No.DL-01-ZB-6547, being allegedly driven by Yuvraj Singh alias Yuvi S/o Sukhdev Singh alias Debi, resident of Sangojla, Police Station Dhilwan, District Kapurthala had struck the Activa scooter and sped away from the spot.
On 30.04.2025, the FIR came to be registered at the instance of petitioner No. 1-Baljinder Kaur W/o late Gurpal Singh and the same reads as under:-
“Statement of Baljinder Kaur wife of Late Gurpal Singh resident of Bhandal Bet Police Station Dhilwan District Kapurthala, aged about 69 years, Mobile No. 90412-56527. Stated that I am a resident of above said address and along with my family, I am P.R of America on permanent basis. On 18.02.2025, we had come to our village Bhandal Bet that on 08.04.2025, my husband Gurpal Singh son of Harnam Singh resident of Bhandal Bet had gone to village Dhaliwal Bet on his Activa No. PB-09-U-8113 in connection with household work. When my husband was coming back to village Bhandal Bet after finishing his work and at about 4:30 P.M, when my husband reached near R.K Water factory, then my husband had met with an accident due to hit by some unknown Innova vehicle. This all was told to me by some commuters at the spot from phone of my husband, whereupon I along with my jeth (husband's elder brother) Harbans Singh and other family members had gone to the spot, where my husband had sustained multiple injuries due to accident. I with the help of my family members, arranged the conveyance and took my husband to SGL Hospital Subhanpur for treatment, where the doctor, after checking my husband, referred him to Joshi Hospital Jalandhar due to sustaining multiple injuries, where during treatment, my husband died in Joshi Hospital on 09.04.2025. As my son Bhagwan Singh Bhandal was in America, I got deposited the dead body of my husband in Dead House in village Butala. My son came back from America on 12.04.2025 and after calling our relatives, we cremated my husband on 12.04.2025 in village Bhandal Bet. I and my family members were not aware that due to death in a road accident, the post mortem of dead body is got conducted and due to this reason, I and my family members had cremated my husband without informing the police of police station and without getting conducted post mortem. Till now, my son Bhagwan Singh Bhandal kept on searching the vehicle which caused above said accident. Later we came to know that above said accidental vehicle DL-01-ZB-6547 Mark Innova, was being driven by Yuvraj Singh @ Yuvi son of Sukhdev Singh @ Debi resident of Sangojla Police Station Dhilwan District Kapurthala, who drove away the vehicle from the spot. I came to know from commuters that above said vehicle driver caused accident by hitting in Activa of my husband by driving the vehicle negligently and at high speed. As per death summary of Joshi Hospital, my husband has died due to sustaining multiple injuries during accident. I am the complainant. Action be initiated against above said vehicle driver. I am getting recorded my statement today in presence of my son Bhagwan Singh Bhandal and my jeth Harbans Singh. I have got recorded my statement, heard it, which is correct. Sd/-Baljinder Kaur. Corroborated by Bhagwan Singh Bandal. Corroborated Harbans Singh, Jeth, Attested: Jasbir Pal ASI Police Station Dhilwan District Kapurthala. Date: 30.04.2025.”
Yuvraj Singh alias Yuvi, son of Sukhdev Singh alias Debi who was summoned through non-bailable warrants dated 28.01.2026 (Annexure P-10), left the country for the USA on 01.05.2025.
After many months of the occurrence, the father of Yuvraj Singh alias Yuvi provided a phone recording of another phone recording, purportedly showing Yuvraj Singh alias Yuvi sitting on the co-driver's seat of an Innova vehicle. Based on the said recording, Harmandeep Singh alias Hammu was found to be responsible for the offence commission of the offence, whereas Yuvraj Singh alias Yuvi was declared innocent.
The learned Senior counsel for the petitioners contends that the video on the basis of which Yuvraj Singh alias Yuvi, son of Sukhdev Singh alias Debi has been exonerated is a phone recording of a phone-recorded video. There is no date or time regarding as to when it was recorded. No registration number of the vehicle is visible. There is no sign of an accident. The video appears to have been staged and recorded with a design to show Yuvraj Singh alias Yuvi sitting on the conductor's seat and Harmandeep Singh alias Hammu on the driver's seat. Initially, it was Yuvraj Singh alias Yuvi's custody that was sought through non-bailable warrant. After almost one year, the video was given to the Investigating Agency by the father of Yuvraj Singh alias Yuvi, which is a self-serving recording. In fact, admittedly there is no original recording available. Based on the said video, Harmandeep Singh alias Hammu has been made out to be the driver without any evidence of the same. There is no doubt whatsoever that both of them were present at the spot as has been established by the Investigating Agency by examining the location of the respective cell phones used by the two. One Harwinder Singh @ Dara Garhi has been threatening the petitioners not to pursue the instant litigation, for reasons unknown. This further creates a doubt in the mind of the petitioners that the Investigating Agency is not proceeding in a fair manner at the behest of family of Yuvraj Singh @ Yuvi who is well connected. In fact, it appears that the police is acting in connivance with the accused persons and has exonerated Yuvraj Singh alias Yuvi without any rationale. The SSP, Kapurthala has admitted during the hearing of the instant case that the original recording was not available with them. He has also admitted that as Yuvraj Singh @ Yuvi fled abroad, the investigation has been stonewalled. Yet the challan has been filed against one person. Whether, it is a homicidal or an accidental death would be a matter of further investigation and no conclusion can be drawn that it is only a case of an accident as the investigation has not been conducted in freely and fairly and the Investigating Agency is acting in a partisan manner at the instance of the accused persons. He therefore prays that the investigation in the present case be handed over to a senior officer or to some independent agency so that the undiluted truth comes forth.
The learned State counsel, on the other hand, assisted by Mr. Gaurav Toora, Sr. Superintendent of Police, Kapurthala contend that the investigation has been conducted in a free and fair manner. Due to some laxity, an Investigating Officer, namely ASI Jasbir Singh is facing departmental proceedings. In fact, the video exonerating Yuvraj Singh alias Yuvi has been furnished by his father and conclusively exonerates the accused other than Harmandeep Singh alias Hammu. They, however, concede that the original video recording has never seen the light of the day and that as Yuvraj Singh @ Yuvi had gone abroad, the investigation has been stonewalled. As also admit that as per the evidence available, there was certainly an accident at the spot and four persons, namely Harmandeep Singh alias Hammu, Yuvraj Singh alias Yuvi son of Sukhdev Singh (named in the FIR), Yuvraj Singh son of Gurpreet Singh and Puran Kaur (aunt of Yuvraj Singh alias Yuvi) were present at the place of occurrence. They therefore pray that the present petition is liable to be dismissed.
I have heard learned counsel for the parties.
The SSP, Kapurthala, who is present in Court, has filed an affidavit dated 24.03.2026, the relevant extract of which is as under:-
“11.That after receiving the said e-mail, the matter was further investigated with regard to these new facts also. After obtaining Call Detail Records (CDR) and locations of the accused persons, it was found that Sukhdev Singh @ Debi and Kulwinder Singh @ Kinda were not present at the spot but were present at Kapurthala. However, Harmandeep Singh @ Hammu, Yuvraj Singh @ Yuvi son of Sukhdev Singh (named in the FIR), Yuvraj Singh son of Gurpreet Singh and Puran Kaur(Aunty/Bua of Yuvraj Singh @ Yuvi) were found to be present at the place of occurrence. Further, it came on record that the allegations regarding the threats being extended to the petitioners was a verbal altercation which took place between petitioner no.2 and Harwinder Singh @ Darra who attempted to resolve the matter through mutual compromise.
12.That during investigation, Sukhdev Singh, father of Yuvraj Singh @ Yuvi, provided a video clip along with certificate as per provisions of Section 63 of BSA (earlier Section 65-B the Indian Evidence Act) which was recorded on the mobile phone of Yuvraj Singh @ Yuvi and was sent to the mobile phone of Sukhdev Singh, father of Yuvraj Singh @ Yuvi in which the deceased Gurpal Singh is seen approaching on his scooter in front of the Innova car. The said pen drive was made part of the record.
13.That upon examining the said video and on the basis of information provided by Sukhdev Singh, father of Yuvraj Singh @ Yuvi, it came to light that on the day of the accident i.e. 08.04.2025, the Innova car bearing registration No. DL-01-ZB-6547 was being driven by an individual wearing black turban and white t-shirt namely Harmandeep Singh @ Hammu, while Yuvraj Singh @ Yuvi son of Sukhdev Singh holding black cloth in his hand was sitting in the front passenger seat Another individual Yuvraj Singh son of Gurpreet Singh and Puran Kaur were sitting on the back seat of the car as described by him after recognizing in the video before the investigating officer. He further verified that the person who was seen coming on the Scooter from the opposite side was deceased-Gurpal Singh.
14.Thus from the above-stated facts, it was found that Yuvraj Singh @ Yuvi son of Sukhdev Singh was not driving the Innova car bearing registration No. DL-01-ZB-6547, rather the said vehicle was being driven by Harmandeep Singh @ Hammu. Accordingly, Yuvraj Singh @ Yuvi was found innocent, and Harmandeep Singh @ Hammu was nominated as an accused in the present FIR no. 31 (Supra) vide DDR No. 21 dated 02.03.2026. Sincere efforts are being made to arrest the accused Harmandeep Singh @ Hammu and to conclude the investigation expeditiously and submit the challan/final report before the Ld. Court.
15.That further on the perusal of the file, it has been found that there has been a lackadaisical approach adopted by the investigating officer namely ASI Jasbir Singh as he has made the recovery of the car and the activa at a much later stage and has also failed to arrest Harmandeep Singh @ Hammu till now. Therefore, departmental proceedings vide order No. 796-800/Steno dated 11-03-2026 have been initiated against him. It is further submitted that the Deputy Superintendent of Police, Sub Division Bholath, Kapurthala, has been directed to supervise the investigation and ensure that the same is expedited.
16.That it is the pleading of the petitioner that the father of the accused has shifted to USA and he is threatening the petitioners in USA. The said allegations cannot be verified by the Kapurthala Police as the alleged threatening took place in USA and not Kapurthala.”
A perusal of the material on record and the video recording examined would show that there is a phone recording of another phone recording showing some people traveling in an Innova vehicle. The original of the mobile phone video is not available on record as has been admitted by the learned State Counsel as also the SSP, Kapurthala. There is no evidence as to when and in what circumstances the recording was made. The date and time of the same is also not clear. It is indeed strange that based on such a recording, Yuvraj Singh alias Yuvi has been exonerated, despite initially being sought to be summoned through non-bailable warrants. Further, he has been able to flee abroad and no attempt seems to have been made to issue an LoC for him at the airports etc. Further, for reasons unknown, the petitioners have been repeatedly threatened in India as also in the USA, where they are ordinarily resident not to pursue the present petition. The accused persons have made every possible attempt to subvert the investigation apparently in the connivance with the local police. Therefore, it creates a doubt in the mind of this Court as to whether the present case is one of accidental death or a homicidal one. A fair investigation is certainly required, which does not seem to be possible in District Kapurthala.
In view of the above, I deem it appropriate to direct The Director General of Police, U.T., Chandigarh, Police Headquarters Sector 9-D, Chandigarh to appoint an Inspector General level officer of the U.T. Police who belongs to the AGMUT cadre to conduct the further investigation with a request to conclude the same as expeditiously as possible but preferably within a period of three months. Pursuant thereto, he shall submit a final supplementary challan to the Court of competent jurisdiction.
Till the supplementary challan is presented, proceedings before the Trial Court shall remain stayed. On presentation of the supplementary challan, the Trial Court is directed to proceed with the case keeping in view the law laid down by the Hon'ble Supreme Court in Vinay Tyagi v. Irshad Ali @ Deepak and Others, (2013) 5 SCC 762.
A copy of this order be dispatched to The Director General of Police, U.T., Chandigarh, Police Headquarters Sector 9-D, Chandigarh for necessary action.