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(2026) Law Today Live Doc. Id. 21143 = 2026:PHHC:085912
Decided on: 29.05.2026
Present:
Mr. Mandeep Singh Sachdev, Sr. Advocate with Mr. Anmol Agnihotri, Mr. Om Malhan, Mr. Rahul Sharma and Mr. Arsh Gupta, Advocates for the petitioner.
Ms. Aakanksha Gupta, AAG, Punjab.
Mr. Shubham Goyal, Advocate for respondent No.2
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Anticipatory bail -- Senior citizen accused in boundary wall dispute involving allegations of trespass/assault having civil dispute and referred to mediation -- Petitioner joined investigation pursuant to interim protection -- Custodial interrogation not required -- Anticipatory bail made absolute.
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Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), Sections 482(2) and 483(3) -- Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), Sections 333, 74, 304(2), 115(2), 351(2), 191(3), 190, 324(4) --Anticipatory bail -- Petitioner, a senior citizen, alleged to have been involved in dispute arising out of boundary wall construction and alleged trespass/assault -- Matter also referred to mediation proceedings -- Interim protection earlier granted with direction to join investigation -- Held, once accused joins investigation and cooperates and custodial interrogation is not required, anticipatory bail can be confirmed -- Petition allowed.
(Paras 1–7)
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KIRTI SINGH, J. (ORAL) --
CRM-22272-2026
The instant application is for impleading the complainant as respondent No.2 in the present petition.
The application is allowed as prayed for.
The complainant is impleaded as respondent No.2 in the present petition.
Amended memo of parties is taken on record.
Registry is directed to tag the same at the appropriate place.
CRM-M-26243-2026
1. Prayer in the present petition filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’)]/438 Cr.P.C., is for grant of anticipatory bail to the petitioner, in case FIR No.41 dated 30.03.2026, under Sections 333, 74, 304(2), 115(2), 351(2), 191(3), 190, 324(4) of BNS (Sections 452, 354, 323, 506, 148, 149, 427 of IPC), registered at Police Station Division-3, District Police Commissionerate Jalandhar (Annexure P-1).
2. Vide order dated 18.05.2026 the petitioner was directed to join the investigation. The said order is reproduced hereinafter:-
“This Court while issuing notice of motion on 24.04.2026 had passed the following order:
“XXXX XXXX
Learned counsel for the petitioner inter alia submits that the petitioner, a 72-year-old senior citizen, has been falsely implicated on the basis of the statement made by the complainant, alleging that he along with his son, demolished a wall adjoining the property of the complainant, trespassed into the premises & assaulted the complainant and his family members. It is submitted that the FIR is a fallout of a long-standing civil dispute between the parties concerning a common boundary wall, for which a civil suit for permanent injunction had already been instituted prior to the registration of the FIR. The dispute has unfortunately now been given a criminal colour to exert pressure on the petitioner. It is further submitted that the injuries sought to be attributed to the petitioner are simple in nature. Rather, the petitioner himself sustained injuries in the incident.
Notice of motion.
Served with an advance copy of the petition, Ms. Guramrit Kaur, DAG, Punjab accepts notice on behalf of the respondent-State.
Mr. Shubham Goyal, Advocate puts in appearance on behalf of the complainant and has filed his Vakalatnama. The same is taken on record.
Learned counsels for the parties submit that there are chances of amicable settlement between the parties.
Accordingly, the parties are directed to appear before the Mediation & Conciliation Centre of this Court on 30.04.2026 for working out a possible amicable settlement.
Needless to say that parties shall remain present on each & every date fixed by the said forum.
For awaiting report, adjourned to 18.05.2026.
Petitioner is also directed to implead the complainant as a necessary party in the present petition.
Meanwhile, no coercive steps shall be taken against the petitioner. ”
Learned counsel for the petitioner(s) submits that the present case arises out of certain constructions disputes between neighbours. The petitioner(s) are ready and willing to join the investigation proceedings and cooperate.
Status reports dated 17.05.2026 filed in CRM-M-26243-2026 and CRM-M-22803-2026 have been filed on behalf of the respondent-State, and the same are taken on record. Copies thereof, have been supplied to the opposite counsel, who seek time to go through the same and to address arguments.
Mr. Subhash Goyal, Advocate has put in appearance on behalf of respondent No.2 in CRM-M-26243-2026 and has filed his power of attorney, which is taken on record.
Accordingly, the matter is adjourned to 29.05.2026.
In the meantime, the petitioner(s) shall join investigation before the Investigating Agency/ Officer. He shall abide by the following conditions as envisaged under Section 482(2) BNSS, 2023:-
(1) That the petitioner(s) shall make himself available for interrogation by a police officer as and when required to do so.
(2) That the petitioner(s) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts to the case so as to dissuade him from disclosing such facts to Court or to any police officer.
(3) That the petitioner(s) shall not leave India without prior permission of the Court.
Needless to mention that the investigating agency/officer shall continue with the investigation of the case in usual manner.
Interim order to continue.
Photocopy of this order be placed on the file of other connected case.”
3. Learned State counsel on instructions from ASI Surjeet Singh, submits that in compliance of order dated 18.05.2026, the petitioner has joined the investigation on 25.05.2026 and is not required for any further investigation.
4. Having considered the aforesaid facts and circumstances, the petition is allowed. Order dated 18.05.2026 passed by this Court, is hereby made absolute, subject to the condition enumerated under Section 482(2) BNSS.
5. This order should not be treated as "blanket" order. It will not be read as granting the petitioner(s) indefinite protection from arrest. It shall be confined to the FIR mentioned ibid and will not operate in respect of any other incident that involves commission of an offence.
6. Liberty is reserved with the investigating agency/complainant to move to this Court for a direction under Section 483(3) of BNSS, 2023 (erstwhile Section 439(2) of Cr.P.C.), in the event of violation of any term, stipulated under Section 482(2) BNSS, or upon showing any other sufficient cause.
7. Pending miscellaneous application(s), if any, also stands disposed of.
Order accordingly.
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