Punjab & Haryana HC: Directions to File Challan Against DSP and Police Officials Quashed, Trial Court Exceeded Jurisdiction
Case Name: Veer Singh DSP v. State of Haryana & Anr.; State of Haryana v. Hans Raj Rathi
Date of Judgment: September 30, 2025
Citation: CRM-M-15604-2022 & CRM-M-53510-2023
Bench: Hon’ble Mr. Justice Jasjit Singh Bedi
Held: The High Court allowed both petitions and quashed the directions issued by the Additional Sessions Judge, Gurugram, in its judgment dated 23.02.2022, which had ordered filing of a challan against Veer Singh DSP and other police officials. It held that the trial court had no power to direct initiation of proceedings at the stage of final judgment without following procedures under Section 193 or Section 319 CrPC, and without granting the affected officials an opportunity of hearing. The Court emphasized that criticism or action against government servants must comply with Chapter I Part H Rule 6 of the Punjab & Haryana High Court Rules and cannot be ordered in violation of natural justice.
Summary: The case originated from FIR No.406/2009 registered against Hans Raj Rathi and others, which was later cancelled, followed by FIR No.381/2010 against police officials for custodial violence and corruption. While four police personnel were convicted in 2022, the trial court went further and directed filing of challan against DSP Veer Singh and three constables who were not part of the trial, based on allegations in testimony. The High Court noted that multiple investigations had earlier exonerated Veer Singh and others, and that the trial court could have invoked Section 193 CrPC (cognizance) or Section 319 CrPC (summoning additional accused during trial) if it found evidence, but it failed to do so at the appropriate stage. Instead, it issued adverse directions in the final judgment, contrary to law. Referring to State of Punjab v. Shikha Trading Co. (2023), State (NCT of Delhi) v. Pankaj Chaudhary (2019), Astha Modi v. State of Haryana (2019), and Dr. Naresh Saini v. State of Haryana (2017), the Court reiterated that no officer can be condemned without notice or hearing, and courts must exercise restraint when making remarks against officials.
Decision: The High Court quashed paragraph 28 of the trial court’s judgment dated 23.02.2022 and all consequential proceedings, holding the directions against DSP Veer Singh and other officials as unsustainable. Both petitions were disposed of accordingly.