Kammo Alias Reshma v. State Of Punjab And Others

CRM-M-696-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-696-2025 (O&M) Date of decision : 13.01.2025 Kammo @ Reshma

...Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Sukhcharan Singh Gill, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG, Punjab.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'the B.N.S.S.') for directing respondent Nos.4 to 6, not to harass and humiliate the petitioner and her family members by calling them to the Police Station and raiding their house, without complying with the mandatory provisions of Section 179 of the B.N.S.S.

2.

Contends that the official respondent and other police officials are visiting the premises of petitioner in the odd hours, without there being any reasons. Further contends that family members of petitioner, including her husband and two sons are also being called to the Police Station, without adhering to the mandatory provisions enshrined under Section 179 of the B.N.S.S. Lastly contends that Police Officials also illegally took away the documents and mobile phone of the petitioner.

ATUL SETHI 2025.01.16 19:00 I attest to the accuracy and integrity of this document -1-

CRM-M-696-2025 3.

Heard learned counsel for the parties and perused the paper-book.

4.

Although, there is no formal notice of motion in this case, but learned State counsel, on instructions from the quarter concerned, has apprised the Court that two sons of the petitioner, namely, Amanu and Paladkiya, are accused in FIR No.231 dated 21.11.2024, under Sections 331(4) & 305 of the Bharatiya Nyaya Sanhita, 2023, registered at Police Station Lehara, and in this regard, General Diary No.035 dated 12.01.2025 has already been entered. A copy of the aforesaid GD is taken on record as Mark 'X'.

5.

In view of the above, Police is very well within its power to visit the house of accused for investigation of above FIR after following due procedure under law.

6.

Consequently, there is no option, except to dismiss the petition.

7.

Ordered accordingly.

8.

Above observations be not construed as an expression of opinion on merits of the FIR No.231 (supra), in any manner. Pending application(s), if any, shall stand disposed off. 13.01.2025 (MAHABIR SINGH SINDHU) atulsethi JUDGE Whether speaking/ reasoned :

Yes / No Whether reportable :

Yes / No ATUL SETHI 2025.01.16 19:00 I attest to the accuracy and integrity of this document -2-