The High Court, while adjudicating a petition seeking the cancellation of bail, has directed its Registrar General to seek comments in a sealed cover from a Judicial Magistrate 1st Class (JMIC) following allegations that she is related to the accused.
Justice Sumeet Goel, presiding over the case of Akash Walia v/s State of Haryana and Another (CRM-M-10028-2024), deemed it appropriate to elicit comments from the judicial officer before proceeding further in the matter. The Court has also requested any administrative inquiry report, if conducted, to be produced in a sealed cover.
Background of the Petition
The matter reached the High Court via a petition filed by Akash Walia under Section 439(2) read with Section 482 of the Code of Criminal Procedure (Cr.P.C.). The petitioner’s substantive prayer is for the cancellation of regular bail granted to respondent No. 2, Reshab Walia.
The bail in question pertains to FIR No. 485, dated 26.12.2023, registered at Police Station Mullana, District Ambala, under Sections 195A (Threatening any person to give false evidence) and 506 (Criminal intimidation) of the Indian Penal Code (IPC), with Section 201 (Causing disappearance of evidence) added later.
Petitioner’s Allegations
As recorded in a previous order dated 27.02.2024, the petitioner’s primary contention is that the Judicial Officer involved, Ms. Vandana, who was the Vacation Judge-cum-Judicial Magistrate 1st Class, is the “cousin sister” of the accused, Reshabh Walia. The petitioner’s counsel argued that the officer “ought not to have heard the matter being a close relative by herself.”
In a subsequent counter-affidavit, noted by the Court on 28.04.2025, the petitioner reiterated these claims. The affidavit alleged that the petitioner had previously filed a complaint against the JMIC on 15.01.2024, which was referred to the Ld. District and Session Judge, Ambala, for an inquiry. The affidavit further detailed the alleged relationship, stating that witnesses had recorded statements “to the effect that father of accused namely Vinod Walia is real Bua’s son of Sh. Shyam Walia who is father of Mrs. Vandana Walia, Judge.”
Court’s Preliminary Inquiry and State’s Report
In its order dated 28.04.2025, the High Court identified the central preliminary issue, stating, “The Court is presently seized of the issue regarding whether Mrs. Vandana Walia, Judicial Magistrate 1st Class, Ambala, is the cousin sister of the accused-respondent No. 2, Rishab Walia. This matter must be adjudicated as a preliminary question…”
The Court had directed the State to verify this fact. A compliance report dated 19.05.2025 was subsequently filed by the State of Haryana. According to the High Court’s order, the report revealed the following based on witness statements:
“Mrs. Vandana Walia is the distant relative of Respondent no.2 Rishab Walia… Vandana Walia’s grandmother is the aunt of Reshabh Walia’s father Vinod Walia in long term relations, whereas Vandana Walia and Reshabh Walia are not real brothers and sisters but are distant relatives (cousins).”
High Court’s Decision
After perusing the State’s compliance report, Justice Sumeet Goel, in the order dated November 06, 2025, deemed it necessary to hear from the judicial officer directly before proceeding.
The Court held: “Before proceeding further in the matter, this Court deems it appropriate to elicit comments from the concerned Judicial Officer namely Smt. Vandana, Judicial Magistrate 1st Class. The Registrar General of this Court is directed to seek comments of the said officer (in a sealed cover) for the perusal of this Court and put up the same on the next date of hearing.”
Furthermore, the Court ordered, “In case any inquiry has been conducted, on the administrative side, the same shall also be produced (in a sealed cover) before this Court for perusal.”
The case has been listed for 26.11.2025 in the “urgent cause list.”
