'Shocking That Police Declared Family Members Innocent Despite Receiving Cheated Funds': Punjab & Haryana HC Directs SSP To Probe Shielding Of Culprits

Punjab and Haryana High Court, in a significant order, expressed "shock" at the conduct of the Punjab Police for declaring the family members of a fraud accused innocent despite evidence suggesting they received proceeds of the crime.

A bench of Justice N.S. Shekhawat observed that the investigative process appeared compromised, noting that the police failed to collect evidence against the family members who had allegedly received cheated amounts in their bank accounts and in cash.

The matter arose from the third petition filed by Vijay Kumar seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The petitioner was booked under Sections 406 and 420 of the IPC (read with Sections 316(2) and 318(4) of the BNS, 2023) at Police Station Sadar, Hoshiarpur. The prosecution alleged that the petitioner had cheated a large number of innocent persons, leading to the registration of at least eight different FIRs across various districts including Hoshiarpur and Jalandhar.

The primary question before the court was whether the petitioner was entitled to regular bail given his extensive criminal antecedents. Additionally, the court was called upon to determine whether the investigating agency had deliberately shielded the petitioner’s family members and other accomplices who were allegedly beneficiaries of the cheated funds.

Court Noted Receipt Of Cheated Funds By Accused's Family

During the course of the arguments, the State counsel informed the Court that various amounts were received in the bank accounts of the petitioner's son and daughter. Furthermore, it was revealed that the petitioner's wife had personally collected money in cash from the victim in the present case. Despite these specific allegations, the police had not proceeded against the family members.

Court Expresses Concern Over Police Collusion

"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," the Court observed. The bench remarked that the submissions made by the State counsel themselves established that the three family members were "equally responsible" for committing the crime. The Court further noted that their exoneration appeared to be a result of collusion with the police authorities.

Failure To Collect Evidence And Improper Filing Of Chargesheet - Court Criticizes Police For Shielding Real Culprits

The Court highlighted that another individual, Sukhdev Singh, had been "wrongly kept in column No.2" despite having received various amounts from the victim. The bench expressed deep dissatisfaction with the fact that the police did not bother to collect evidence regarding the collection of the cheated amount by the accused persons in the present case.

"Apparently in collusion with the police, they have been declared innocent. 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."

Directions To SSP Hoshiarpur For Personal Intervention

Taking a stern view of the procedural lapses, Justice Shekhawat directed the Senior Superintendent of Police (SSP), Hoshiarpur, to personally examine the file of the investigating officer. The SSP has been ordered to file a personal affidavit explaining the facts as to how the son, wife, and daughter of the petitioner, along with Sukhdev Singh, were declared innocent.

Warning Of Action Against Investigating Officers - High Court Mandates Accountability Of Senior Officials

The Court further clarified that it expects appropriate action to be taken against the Investigating Officer, the concerned SHO, and the D.S.P. before the next date of hearing. This directive applies if these officers are found guilty of "shielding the real culprits" in the matter. The High Court has adjourned the bail petition to May 27, 2026, for further consideration following the filing of the SSP's affidavit.

The High Court's intervention underscores a judicial refusal to overlook investigative "clean chits" when the record suggests the involvement of beneficiaries of crime. By demanding a personal affidavit from the SSP and threatening action against lower-ranking officers, the Court has signaled that the police cannot arbitrarily exonerate family members who are alleged to be in possession of cheated funds.

Date of Decision: 21 May 2026