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High Court of Punjab and HaryanaCRM-M/2289/2020dismissed

Rajwinder Kaur v. State Of Punjab And ORS

2020-01-20Mr. Justice Hari Pal Verma2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Misc. No.M-2289 of 2020 Date of Decision: 20.01.2020 Rajwinder Kaur

...Petitioner (s)

Versus

State of Punjab & others

...Respondent(s)

CORAM:- HON'BLE MR. JUSTICE HARI PAL VERMA Present:- Mr. Gagandeep Singh, Advocate, for the petitioner.

***** HARI PAL VERMA, J. (Oral) Prayer in this petition filed under Section 482 CrPC is for issuance of directions to the respondents to fairly investigate the FIR No.102 dated 02.09.2019 under Sections 376, 420 IPC registered at Police Station Sadar Ahmedgarh, District Sangrur.

The aforesaid FIR was registered at the behest of the petitioner. As per the FIR, husband of the petitioner was doing job in some Arabian country and she did not have good relations with him. One day, the petitioner was travelling in a bus and respondent no.4 was the driver of the bus. Finding an opportunity, he committed rape upon the petitioner. When the petitioner told him that she will inform the police, firstly he started threatening her and thereafter, he promised to marry her. After that, he continuously raped her.

ASHWANI KUMAR 2020.01.21 10:44 I attest to the accuracy and integrity of this document

Criminal Misc. No. M-2289 of 2020 -2Counsel for the petitioner has argued that the petitioner used to travel by the bus of respondent no.4 for going to the place where she was doing labour work and thereby, came close to respondent no.4, who developed relations with her on the pretext of marrying her. He committed rape upon the petitioner against her wishes.

I have heard learned counsel for the petitioner. The photographs attached with this petition Annexure P-1 shows that the petitioner had close proximity with respondent no.4accused. Even otherwise, there is no specific date and time when the petitioner boarded the bus of respondent no.4 and when he committed rape upon her. Moreover, the pleaded case of the petitioner is that respondent no.4 maintained relations with the petitioner on the pretext of performing marriage with her. However, the petitioner is already married. The FIR in question was registered on 02.09.2019 and the same must be under investigation.

Therefore, no interference is warranted into the present case. Dismissed.

January 20, 2020 ( HARI PAL VERMA ) AK JUDGE Whether speaking / reasoned?

Yes / No Whether reportable?

Yes / No ASHWANI KUMAR 2020.01.21 10:44 I attest to the accuracy and integrity of this document