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High Court of Punjab and HaryanaCRM-M/7870/2025disposed of

Gurdeep Kaur v. State Of Punjab And Others

2025-02-11Mr. Justice Harpreet Singh Brar2 pages

CRM-M-7870-2025

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-7870-2025 (O&M) Date of decision: 11.02.2025 Gurdeep Kaur ....Petitioner

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Jatinder Singh Mundi, Advocate for the petitioner.

HARPREET SINGH BRAR J. (Oral) 1.

The present petition has been filed under Section 528 of BNSS, 2023, for issuance of direction to the official respondents to conduct fair and impartial investigation and to arrest the accused persons in FIR No.268 dated 03.10.2024 (Annexure P-12) registered under Sections 306, 34 IPC at Police Station Phillaur, District Jalandhar (Rural). Further prayer has been made to direct respondent No.3 to conclude the investigation and present the challan before the learned trial Court.

2.

Learned counsel for the petitioner, inter alia, contends that despite clear evidence, the police have failed to conduct a fair and impartial investigation in case FIR No.268 dated 03.10.2024 and have not arrested respondents No.6 to 8, instead the police authorities are pressuring the petitioner to compromise the matter. The deceased, Jagdeep Singh, (husband of the petitioner) was even continuously harassed by the accused persons over false cases and civil disputes, leading to his suicide on 21.06.2021. Though medical and forensic MOHD YAKUB 2025.02.11 18:08 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh

CRM-M-7870-2025 evidence exists, the police falsely closed the case as a natural death and only thereafter, when the petitioner approached this Court vide CRM-M No.18838 of 2024, the FIR (supra) has been registered, yet no action has been taken. The accused persons have not yet been arrested by the police authorities and they are intimidating the petitioner and despite filing a representation with respondent No.2 on 26.11.2024 (Annexure P-15), no action has been taken so far.

3.

Learned counsel for the petitioner further submits that the petitioner would be satisfied, in case a direction is issued to respondent No.2 to consider and decide the representation dated 26.11.2024 (Annexure P-15) submitted by her in a time bound manner. 4.

Notice of motion to the official respondents only. 5.

On asking of the Court, Mr. Subhash Godara, Addl. A.G., Punjab, accepts notice on behalf of respondents No.1 to 5 - State. Learned counsel for the petitioner is directed to supply copy of complete paperbook to counsel opposite during the course of the day. 6.

Keeping in view the prayer made by the petitioner and without commenting anything on the merits of the case, present petition is disposed of with a direction to respondent No.2 to consider and decide the representation dated 26.11.2024 (Annexure P-15) submitted by the petitioner within a period of four weeks from the date of receipt of certified copy of this order, in accordance with law. (HARPREET SINGH BRAR) 11.02.2025 JUDGE yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2025.02.11 18:08 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh