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High Court of Punjab and HaryanaCRWP/100/2023disposed of

Jasvir Kaur And ANR. v. State Of Punjab And Others

2023-05-01Mr. Justice Sanjay Vashisth4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 106-2 Decided on : 01.05.2023 (I) Jasvir Kaur and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) (II) Kamlesh Kaur . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Balram Singh, Advocate for the petitioners in CRWP No. 100 of 2023.

Mr. J. S. Arora, DAG, Punjab.

Mr. J. S. Bains, Advocate for the petitioner in CRM-M-7603-2023.

**** SANJAY VASHISTH, J. (Oral) Petitioners i.e. petitioner No. 1-Jasvir Kaur, aged 47 years and petitioner No. 2-Kamlesh Kaur, aged 30 years have filed the instant petition seeking direction to the official respondents No. 1 to 3, who allegedly are in connivance with respondents No. 5 to 9 are harassing and humiliating the petitioners without there-being any fault on their part. Status report dated 20.01.2023 filed by learned State counsel on behalf of respondents No. 1 to 3 on the previous date of hearing, is already available on record.

While referring to paragraph No. 5 of the said status report, learned State counsel points out that in fact petitioners and members of their family are involved in several criminal cases including the offence under NDPS Act. He also points out that earlier petitioner No. 1 was involved in

-2four criminal cases and had already been convicted in two of the cases including the cases under NDPS Act. Counsel also submits that one case is also registered against her husband, namely, Jaswant Singh, who has expired.

Details mentioned regarding the criminal cases and its status against petitioner No. 1 Jasvir Kaur @ Jogan, are as under: Sr. No.

FIR No. Date, under Section and police Station Recovery Current status FIR No. 186, dated 02.10.2016, u/s 21/61/85 NDPS Act Police Station, Sadar Jalandhar 5 gram Heroine Convicted on 02.05.2019 by the Court of ld. ASJ Jalandhar FIR No. 68, dated 15.03.2002 u/s 15/61/85 NDPS Act, Police Station Shimlapuri, Ludhiana 1240 kg Poppy husk Convicted on 16.10.2004 by the ld.

Trial Court.

FIR No. 66, dated 22.03.2000, u/s 15/61/85 NDPS Act, Police Station Phillaur Jalandhar 90 KG Poppy Husk Challan Submitted before the learned Trial Court on 19.06.2000 4.

FIR No. 72 dated 20.05.2015, u/s 21/61/85 NDPS Act, Police Station Goraya, Jalandhar (Rural) 5 Gm Heroine Against the husband of Jasvir Kaur, now deceased.

Trial abated on 15.07.2017.

5.

FIR No. 155, dated 22.11.1993, u/s 15/61/85 NDPS Act Police Station, Noormehal Jalandhar (Rural) 14 kg Poppy Husk Acquitted on 12.07.2000 by the ld.

ASJ Jalandhar.

4.

Mr. Arora, learned State counsel, also refers to the cases registered against petitioner No. 2- Kamlesh Kaur and trial in all those cases are yet to be finalized. Details of said cases in tabulated form are mentioned here-in below:- Sr. No.

FIR No. Date, under Section and police Station Recovery Current status FIR No. 77, dated 22.06.2019, U/s 22/61/85, NPDS Act, Police Station Sadar Jalandhar 350 Capsules and Tablets (recovery) Challan Submitted before ld. Trial Court on 24.01.2020.

FIR No. 256, dated 08.11.2020, under Sections 21, 22, 29 NDPS Act, Police Station Sadar Jalandhar 1.5 gram heorine and tablets of Alprazolam Challan Submitted before ld. Trial Corut on 15.09.2021 5.

State counsel further submits that not only this one Surjit @ Jeeta, who is husband of the petitioner No. 2 is also involved in 06 criminal

-3cases and 4 out of those cases are under the NDPS Act and in 3 cases, he has already been convicted. Details of said cases including the conviction in case under Section 304-A IPC are here below:- Sr. No. FIR No. Date, under Section and police Station Recovery Current status FIR No. 07, dated 02.10.2013, u/s 22 NDPS Act Police, Station, Sadar Jalandhar 255 Gram INT Powder Convicted on 13.10.2014 by the Court of Ld. ASJ, Jalandhar.

FIR No. 131, dated 02.04.2013, u/s 22 NDPA Act, Police Station, Sadar Jalandhar 110 Gram INT Powder Convicted on 02.06.2015 by the Court of ld. ASJ, Jalandhar FIR No. 139, dated 21.05.2020, u/s 188 IPC, Section 3 Epidemic Act, Police Station, Sadar Jalandhar - Challan submitted before learned Trial Court on 10.06.2020 4.

FIR No. 135, dated 03.07.2015, u/s 21 NDPS Act, Police Station, Jalandhar 7 Gram Heorine. Challan Submitted before ld. Trial Court on 13.11.2015 5.

FIR No. 73, dated 18.05.2016 u/s 21 NDPS Act Police Station Sadar Jalandhar.

3 gram Heroine Convicted on 08.07.2019 by the Court of ld. ACJM, Jalandhar.

- Convicted on 11.03.2019 by the Court of Sh. Ravipal Singh JMIC, Phillaur Jal.

6.

Since petitioners, who are related as sisters-in-law (Devrani and 6.

FIR No. 65, dated 26.05.2016 u/s 279, 337, 338, 304-A IPC, Police Station Goraya, Jalandhar (Rural) Jehtani), and the other members of their family are involved in several criminal cases and are committing crime against society, especially against the youths of the State, one Naka has been installed near the house of the petitioners for the purpose to have regular check up about the affairs in regard to illegal activities done by the petitioners. Factum of installation of the Naka has already been admitted by the petitioners in paragraph No. 4 of the petition.

7.

State counsel further submits that in fact present petition is frivolous because it is being filed by the petitioners with the purpose to pressurize the police for removal of said Naka installed in front of their house.

8.

After considering the submissions addressed by the counsel and the pleadings mentioned in the petition and also the submission as addressed

-4by learned State counsel, this Court find that present petition is misconceived and same has been filed with some ulterior motive, therefore, findings no substance, present petition stands dismissed. 9.

Dismissed.

In view of the observations made here above in CRWP No. 100 of 2023, there is no substance in the present petition, accordingly, same stands dismissed.

Dismissed.

Photocopy of this order be placed on the file of other connected case.

(SANJAY VASHISTH) JUDGE 01.05.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No