Jasvir Lal v. State Of Punjab

 









 


 
 
 


 


 
 
 


 


 
 
 


 


 
 
 

   
   
   
  




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Mr. Kewal Singh, Addl. A.G. Punjab.


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1.

Petitioner has filed instant petition under Section 482 .* !8

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 : for grant of anticipatory bail in FIR No.54 dated 06.09.2024 under Sections 9, 10 of Prohibition of Child Marriage Act, 2006 (Sections 6, 17 of POCSO Act and Sections 65, 137 (2), 87 of BNS, 2023 added later-on) registered at Police Station Bholath, District Kapurthala.
2.

Facts of the case are, Child Development Project Officer, Nadala filed complaint for registration of case under Prohibition of Child Marriage Act, 2006. As per facts, Smt. Balvir Kaur filed written complaint along with photographs according to which marriage of victim 'D' was performed with Karamjit Singh on 20.06.2023 as per Hindu Rites. From the side of girl family, her mother Balvir Kaur attended the marriage and from boy's side his father Lakhwinder Singh @ Goldy, his mother Smt.


Sukhwinder Kaur, sister Prabhjot Kaur, boy's uncle Balwinder Singh Jaili and aunt Sukho and others attended the marriage. At the time of said marriage, girl was 13 years and 7 months old. With these allegations, present FIR has been registered.

3.

Learned counsel for petitioner pointed out that petitioner has no role to play in the said marriage. He is taxi driver and belongs to scheduled caste community having no blood relations with the family of accused persons. Petitioner is 40 years of age having no criminal antecedents. He was hired as taxi driver by the co-accused. He even did not attend the marriage. In pursuance to order dated 13.02.2025 he has already joined the investigation.

4.

Status report filed confirming the facts detailed in the FIR. It is pointed out that petitioner was nominated as accused vide rapat No.15 dated 16.11.2024 on the basis of statement of the victim recorded under Section 164 Cr.P.C. He, in-fact, actively participated in the said marriage. It is conceded that present petitioner has already joined the investigation. Therefore, on the instructions of Investigating Officer, it is submitted that petitioner is not required for further investigation.
5.

Considering the aforesaid factual position, it is clear that petitioner joined the investigation and fully cooperated with the Investigating Agency. No purpose would be served by sending him behind the bars. Therefore, without going on the merits of the case, interim bail already granted vide order dated 13.02.2025 stands confirmed "/;<

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