Daljit Singh Alias Daljit Singh Sond vs State Of Punjab And Others on 18 May, 2026

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    Punjab-Haryana High Court

    Daljit Singh Alias Daljit Singh Sond vs State Of Punjab And Others on 18 May, 2026

                        CRM-M-27739-2026 (O&M)                                                 -1-
    
    
    
                                   IN THE HIGH COURT OF PUNJAB & HARYANA
                                                  AT CHANDIGARH
    
                        153
    
    
    
    
                                                                 CRM-M-27739-2026 (O&M)
                                                                 Date of decision: 18.05.2026
    
    
                        Daljit Singh @ Daljit Singh Sond                                   ...Petitioner
    
                                                              Versus
    
    
                        State of Punjab and others                                       ...Respondents
    
                        CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA
    
                        Present:       Mr. Sunny K. Singla, Advocate
                                       for the petitioner.
    
                                             ***
    
                        MANISHA BATRA, J. (Oral)
    

    1. The present petition has been filed under Section 528 of the

    Bharatiya Nagarik Suraksha Sanhita, 2023 for setting aside the order dated

    SPONSORED

    23.04.2026 (Annexure P-1), passed by the Court of learned Chief Judicial

    Magistrate, Malerkotla in case arising out of FIR No.28 dated 25.06.2024,

    registered under Sections 420, 465, 467, 468, 471 and 120-B IPC at Police

    Station City Ahmedgarh, District Malerkotla, whereby the application filed by

    respondent No.2-Amit Kumar seeking separation of trial from co-accused

    Kulwinder Singh and Gurjant Singh was allowed and the supplementary

    challan qua the said co-accused was ordered to be separated from the main

    challan.

    2. Brief facts of the case relevant for the purpose of disposal of this

    petition are that the aforementioned FIR was registered at the instance of the

    MOHAMMAD WASEEM ANSARI
    2026.05.19 15:23
    I attest to the accuracy and
    integrity of this document
    CRM-M-27739-2026 (O&M) -2-

    present petitioner, who is engaged in the business of sale and purchase of air

    tickets under the name and style of “Global Travels”, alleging that accused

    Amit Kumar and Harpreet Singh, in connivance with each other, induced the

    petitioner to purchase air tickets from them through their travel concern namely

    “Worldwide Travel and Tourism”. It was alleged that during the course of

    business transactions, the petitioner purchased approximately 120-125 air

    tickets worth about Rs.1.17 crores from the accused persons and deposited the

    corresponding amounts in the bank accounts furnished by them. However,

    several tickets were found to be fake, cancelled, void or never delivered,

    resulting in huge financial loss to the petitioner, who had to arrange fresh

    tickets for his customers at higher rates and refund amounts from his own

    pocket. The petitioner alleged that the accused persons acted in furtherance of

    a well-planned conspiracy and cheated him to the tune of approximately Rs.60

    lakhs.

    3. After registration of the FIR, investigation proceedings were

    initiated. After completion of investigation, the police initially presented

    challan against respondent No.2-Amit Kumar on 22.11.2024 and thereafter a

    supplementary challan against co-accused Kulwinder Singh and Gurjant Singh

    was presented on 17.12.2025. Respondent No.2 thereafter moved an

    application before the learned trial Court seeking separation of the

    supplementary challan from the main challan on the ground that trial qua him

    was at the fag end and clubbing the supplementary challan would amount to a

    de novo trial. The said application was allowed by the learned trial Court by

    passing the impugned order dated 23.04.2026, which reads as under:

    “Accused Amit Kumar produced by the jail

    MOHAMMAD WASEEM ANSARI
    2026.05.19 15:23
    I attest to the accuracy and
    integrity of this document
    CRM-M-27739-2026 (O&M) -3-

    authorities. It has come into my notice that vide order
    09.03.2026 of The Hon’ble Supreme Court of India directed
    that no coercive action shall be taken against the petitioner
    Sunit Kumar in pursuant of FIR no.28 dated
    25.06.2024(present FIR) provided he joins the investigation
    and cooperate with the Investigating Officer. Whereas in the
    zimni order dated 18.03.2026 this fact has been mentioned
    qua accused Amit Kumar instead of Sunit Kumar. The
    mistake is clerical one and is rectified to that effect. Reader
    is directed to give mark against the said order regarding
    rectification.

    I have heard learned counsel for applicant-accused
    Amit Verma and ld. APP for the State on the application
    moved by accusedapplicant Amit Kumar for separation of
    supplementary challan, attached with the main challan of
    accused Amit Kumar. It is averred in the application that
    accused Amit Kumar is in custody since 30.09.2024 and
    report under section 173 Cr.P.C. was prepared against him
    and presented in the Court on 27.11.2024. Charge against
    accused Amit Kumar was also framed on 14.02.2025 and
    since then prosecution took approximately 45 opportunities
    but failed to conclude their evidence. The trial is at its fag
    end but attachment of supplementary challan with main
    challan would amount to de-novo trial of the accused Amit
    Kumar which is against the provisions of Cr.P.C. and
    principal of natural justice. The investigating agency
    presented supplementary challan on 10.03.2026 and this
    Court attached the same with the main challan. The
    attachment of supplementary challan with the main challan
    has caused great prejudice to the accused as it would result
    in delay in the trial of main challan. It is prayed that
    supplementary challan attached with the main challan may
    kindly be ordered to be separated in the interest of justice

    MOHAMMAD WASEEM ANSARI
    2026.05.19 15:23
    I attest to the accuracy and
    integrity of this document
    CRM-M-27739-2026 (O&M) -4-

    and fair play.

    Perusal of file shows that main challan/report under
    Section 173 Cr.P.C. against accused Amit Kumar was
    presented in the Court on 27.11.2024. Charge against
    accused Amit Kumar was framed on 14.02.2025 and 11
    witnesses have been examined by the prosecution.
    Supplementary challan against accused Kulwinder Singh
    and Gurjant Singh was presented in the Court on
    10.03.2026 which is attached with main challan and notice
    to accused Kulwinder Singh and Gurjant Singh are being
    issued. Learned counsel for applicant-accused Amit Kumar
    argued that the main challan is at its fag end but attachment
    of supplementary challan with main challan would amount
    to de-novo trial of the accused Amit Kumar. Reliance is
    being placed upon case law titled as Sanjay and another Vs.
    State of Haryana and others
    , CRM-M-24716 of 2019
    (O&M), CRM-M-37560 of 2020 (O&M). D/d. 24.11.2020
    (Punjab and Haryana High Court) whereby it is held that
    when trial against five accused persons is virtually at its fag
    end, it will not be fair to force them to undergo a de novo
    trial, just because another co-accused arrested subsequently
    and supplementary challan filed. Trial Court directed to
    proceed with two separate trials. In the present case also,
    trial of accused Amit Kumar is virtually at its fag end but
    supplementary challan of coaccused was filed on
    10.03.2026 which is attached with main challan and it
    would amount to de-novo trial of the accused Amit Kumar.
    Hence, it is appropriate that supplementary challan be
    proceeded separately. In view of above discussion,
    application is allowed. Ahlmad is directed to separate
    supplementary challan from the main challan and register it
    separately, in which notice to accused Kulwinder Singh and
    Gurjant Singh be issued for 28.04.2026.

    MOHAMMAD WASEEM ANSARI
    2026.05.19 15:23
    I attest to the accuracy and
    integrity of this document

    CRM-M-27739-2026 (O&M) -5-

    Notice to complainant be issue for the date fixed. In
    the present challan, PWs be summoned for the date fixed.
    Also, a set of summons of witnesses be handed over to ld.
    APP to get ensure the service of witnesses. It is made clear
    that only one opportunity is granted to prosecution to
    conclude its evidence. Accused Amit Kumar be also
    produced on the date fixed. Copy of this order be annexed
    with supplementary challan.”

    4. Aggrieved from the impugned order, the petitioner/complainant

    has filed the present petition.

    5. It is argued by learned counsel for the petitioner that the impugned

    order is not sustainable in the eyes of law as while passing the same, the learned

    trial Court did not properly appreciate factual and legal position of the case. It

    is further argued that the impugned order has been obtained by respondent No.2

    by misleading the Court and suppressing material facts, particularly the

    subsequent order dated 24.04.2026 passed by the Hon’ble Supreme Court,

    whereby bail was granted to him and no direction restricting examination to

    only five prosecution witnesses had been issued. Respondent No.2 deliberately

    relied upon earlier observations made before the Hon’ble Supreme Court to

    create an impression that only five prosecution witnesses remained to be

    examined and that the trial was likely to conclude within two days. It is further

    argued that the learned trial Court failed to appreciate that the case was still at

    the stage of prosecution evidence and separation of trial at such stage would

    seriously prejudice the prosecution and may result in conflicting judgments on

    identical facts and evidence. The allegations against all accused persons arise

    out of the same transaction and are founded upon common evidence and,

    therefore, joint trial was not only permissible but desirable in law. It is also

    MOHAMMAD WASEEM ANSARI
    2026.05.19 15:23
    I attest to the accuracy and
    integrity of this document
    CRM-M-27739-2026 (O&M) -6-

    argued that the impugned order is contrary to the settled principles governing

    joint trial under Section 223(d) of Cr.P.C. which specifically contemplate joint

    trial of persons accused of offences committed in the course of the same

    transaction. It is, thus, argued that the impugned order dated 23.04.2026 passed

    by the learned Chief Judicial Magistrate, Malerkotla deserves to be set aside

    and the petition deserves to be allowed.

    6. This Court has heard the submissions advanced by learned counsel

    for the petitioner.

    7. The core grievance raised by the petitioner is that since the

    allegations against all the accused persons arise out of the same transaction and

    are founded upon common evidence, the learned trial Court ought not to have

    separated the supplementary challan from the main challan and should have

    proceeded with a joint trial. However, this Court does not find any merit in the

    aforesaid contention. A perusal of the record would show that the challan

    against respondent No.2-Amit Kumar was presented before the trial Court on

    27.11.2024 and charges against him were framed on 14.02.2025. Thereafter,

    the prosecution led substantial evidence and as many as 11 prosecution

    witnesses stood examined. It is only subsequently that the supplementary

    challan against co-accused Kulwinder Singh and Gurjant Singh came to be

    presented on 10.03.2026. Thus, by the time the supplementary challan was

    filed, the trial qua respondent No.2 had substantially progressed. The inevitable

    consequence of tagging the supplementary challan with the main challan at

    such an advanced stage would have been reopening of the proceedings and

    virtually compelling respondent No.2 to undergo a de novo trial. The learned

    trial Court, while passing the impugned order, has rightly taken into

    MOHAMMAD WASEEM ANSARI
    2026.05.19 15:23
    I attest to the accuracy and
    integrity of this document
    CRM-M-27739-2026 (O&M) -7-

    consideration the stage of the proceedings as well as the prejudice likely to be

    caused on account of avoidable delay in conclusion of the trial.

    8. Though Section 223 of Cr.P.C. (which corresponds to Section 243

    of BNSS) contemplates joint trial of persons accused of offences committed in

    the course of same transaction, the said provision is merely enabling in nature

    and cannot be construed to mean that in every case joint trial is mandatory

    irrespective of the attending facts and circumstances. The criminal Court

    retains ample discretion to order separate trial where the facts of the case so

    justify. In this regard, reference may be made to the judgment of this Court in

    Kuldeep and others v. State of Haryana, CRM-M-16186 of 2014 decided on

    16.05.2014, wherein this Court upheld the order splitting the trial at an

    advanced stage of proceedings and observed that there clearly vests discretion

    with the trial Court to adopt such a course of splitting the trial under Section

    317 of Cr.P.C. It was further held that where the proceedings against some

    accused persons have substantially progressed, the trial Court is justified in

    separating the trial so as to avoid unnecessary delay and prejudice. Reliance

    can also be placed upon Bhanumati Devi (Nath) v. State of Tripura, 2001

    Cri.L.J. 3770, wherein it was held by the High Court of Gauhati that in criminal

    proceedings, it is the accused who is tried and not the case as a whole and,

    therefore, separate trials are legally permissible where the circumstances so

    require. Similarly, in Allauddin Shah and another v. State of West Bengal,

    1999 (4) AICLR 580, the Calcutta High Court recognised the power of the

    criminal Court to separate trials and held that no accused has a vested right to

    insist upon a joint trial in all circumstances. It was further observed that

    separate trial can always be directed where continuation of joint proceedings is

    MOHAMMAD WASEEM ANSARI
    2026.05.19 15:23
    I attest to the accuracy and
    integrity of this document
    CRM-M-27739-2026 (O&M) -8-

    likely to cause delay and prejudice.

    9. In the present case, the learned trial Court has exercised its judicial

    discretion in a fair and reasonable manner. No material has been brought on

    record to demonstrate that the impugned order suffers from perversity, patent

    illegality or jurisdictional error warranting interference by this Court in

    exercise of its inherent jurisdiction. The apprehension expressed by learned

    counsel for the petitioner regarding possibility of conflicting judgments also

    does not impress this Court. Merely because separate trials are ordered would

    not ipso facto lead to inconsistent findings, particularly when the criminal law

    itself recognises the permissibility of separate trials in appropriate cases.

    10. In view of the discussion made above, this Court is of the

    considered opinion that there is no infirmity much less illegality in the

    impugned order dated 23.04.2026 passed by the learned Chief Judicial

    Magistrate, Malerkotla. Hence, finding no merit in the petition, the same is

    hereby dismissed.

    (MANISHA BATRA)
    JUDGE
    18.05.2026
    Waseem Ansari

    1. Whether speaking/ reasoned : Yes/No

    2. Whether reportable : Yes/No

    MOHAMMAD WASEEM ANSARI
    2026.05.19 15:23
    I attest to the accuracy and
    integrity of this document



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