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Judgment
SHALINI SINGH NAGPAL J. (Oral)
The petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 seeks following reliefs:
direction to learned Chief Judicial Magistrate, Sonipat to decide the application under Section 156(3) Cr.P.C./175(3) BNSS titled Munesh Kumari Vs. State of Haryana together with connected applications dated 29.05.2026 (for freezing bank accounts) and 20.07.2026 (seeking direction to register FIR against respondent No. 10) in a time bound manner;
direction to respondents No. 2 to 5 to register FIR against respondents No. 6 to 10 under Sections 420, 467, 468, 471, 120-B, 34 Indian Penal Code and Sections 3, 4, 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and to conduct fair and impartial investigation in the same;
direction to respondents No. 2 to 5 to freeze and continue to keep frozen pending investigation/trial, ICICI Bank Account No.111405002867 (IFSC ICICI000114) and Account No. 03901530498 (IFSC ICICI0000039) standing in the name of respondent No. 6.
Learned counsel for the petitioner submits that an application under Section 175(3) BNSS was moved by the petitioner in the Court of learned Judicial Magistrate Ist Class, Sonipat, for registration of FIR under Sections 420, 467, 468, 471, 120-B, 34 Indian Penal Code and Sections 3, 4, 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The case was adjourned on numerous occasions, seeking action taken report from the police. On 11.08.2026, the case was referred to learned Chief Judicial Magistrate, Sonipat, the offences under Sections 3, 4, 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 being exclusively triable by the said Court. On 11.08.2026, learned Chief Judicial Magistrate, Sonipat again adjourned the case to 21.11.2026. Prayer is that learned CJM, Sonipat be directed to decide the application/complaint in a time bound manner.
Notice of motion to official respondents only.
Mr. Vikas Bhardwaj, AAG Haryana, who is present in Court, accepts notice on behalf of the official respondents.
It appears from the record that the application for registration of FIR under Sections 420, 467, 468, 471, 120-B, 34 Indian Penal Code and Sections 3, 4, 5 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 has not been decided for the reason that State has been delaying filing of action taken report, called for by learned Judicial Magistrate, Sonipat.
Learned State counsel assures that on the next date of hearing i.e. 21.11.2026, action taken report shall be filed in the Court concerned.
The State is directed to file action taken report before learned Chief Judicial Magistrate, Sonipat on the next date of hearing i.e. 21.11.2026, whereafter learned CJM, Sonipat shall decide the applications pending before her, as expeditiously as possible. No order for registration of FIR and for freezing bank accounts can be passed in this petition, as the Court of competent jurisdiction is already seized of the matter.
The petition is disposed of on the aforesaid terms.
Pending CRM(s), if any, also stand disposed of.