The prayer in the present petition under Section 528 of
BNSS, 2023 is for quashing of the order dated 27.01.2026 (Annexure P-
2) whereby the application moved by the petitioner/complainant under
Section 175(3) of BNSS [156(3) of Cr.P.C.] in case titled as “Dr. Sumeet
Sofat Vs. State of Punjab” has been dismissed with a further prayer that
directions be issued for the registration of an FIR.
2. The brief facts of the case as stated by the petitioner/
complainant (hereinafter referred to as the petitioner in his complaint) is
that he is the exclusive owner in possession of a property measuring 300
sq. yards in Village Sunet, Ludhiana. On 28.11.2024, he along with his
wife visited the property at about 10.00 PM. He was shocked to see that
Harvinder Singh and Sanjeev Kumar Gupta (hereinafter referred to as
accused Nos.1 & 2) had criminally trespassed into his plots and were
trying to raise illegal construction during night time. He immediately
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informed the police. ASI Jatinder Singh night duty officer at Police
Station Sadar reached the crime scene. The petitioner saw the accused
and unknown persons escaping from the plot by scaling the back wall.
They had stolen a wooden table and four chairs lying in the plot. ASI
Jatinder Kumar apprehended four unknown persons and took them away
with him. He (petitioner) gave a handwritten complaint to the night duty
officer but no action was taken. On the next day, he came to know that
the four accused had been let off. He stated that the accused persons
were trying to dispossess him on the basis of forged and fabricated
documents. Despite multiple complaints having been made to the police,
no action was taken for the registration of the FIR leading to the filing of
the petition under Section 175(3) of BNSS [156(3) of Cr.P.C.].
