Punjab & Haryana High Court Pulls Up Police For Declaring Family Members Of Cheating Accused “Innocent” Despite Money Trail

The Punjab & Haryana High Court, while hearing a third regular bail petition in a cheating case, expressed strong displeasure over the manner in which the investigation was conducted, particularly the exoneration of the petitioner's family members despite allegations of their involvement in receiving the cheated amount.

Justice N.S Shekhawat said, "it is shocking to note that the family members of the petitioner, who had received the various amounts either in cash or through their accounts, were declared innocent by the police. Rather, from the submissions made by learned State counsel itself, it is established that all the three family members of the petitioner were equally responsible for committing the crime and apparently in collusion with the police, they have been declared innocent. Even one more person Sukhdev Singh has been wrongly kept in column No.2, who had also received various amounts from the victim."

It is equally shocking to note that the police even did not bother to collect evidence with regard to the collection of cheated amount by the accused in the present case, the Court added.

The Court was hearing a regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023  registered under Sections 406 and 420 IPC (read with Sections 316(2) and 318(4) of the BNS, 2023) at Police Station Sadar, Hoshiarpur.

During the hearing, the State, through a status report filed by the Deputy Superintendent of Police, informed the Court that substantial amounts had been received in the bank accounts of the petitioner's son and daughter, while his wife had allegedly collected cash from the victim. It was further submitted that the petitioner had been involved in multiple other cases of similar nature, with several FIRs registered against him across different police stations, many of which are currently under trial.

Taking note of these submissions, the Court observed that it was “shocking” that despite such material, the petitioner's family members had been declared innocent by the police. The Court remarked that the State's own submissions indicated that the son, daughter, and wife of the petitioner were equally responsible for the alleged offence and their exoneration suggested possible collusion with the investigating agency.

The Court also flagged that another person, Sukhdev Singh, who allegedly received money from the victim, had been placed in Column No. 2 without proper justification. It further expressed concern that the police had failed to collect adequate evidence regarding the trail of the cheated amount.

In light of these observations, the Court directed the Senior Superintendent of Police, Hoshiarpur, to personally examine the investigation file and submit an affidavit explaining how the petitioner's family members and the said individual were declared innocent.

The Court further expected that appropriate action be taken against the Investigating Officer, the concerned Station House Officer, and the Deputy Superintendent of Police, if found to have shielded the real culprits.

The matter has been adjourned to May 27, 2026, for further consideration.

Ms. Radhika, Advocatefor the petitioner. (through VC)

Mr. M.S.Bajwa, Deputy Advocate General, Punjab.

Title: VIJAY KUMAR VS STATE OF PUNJAB

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