High Court of Punjab and HaryanaCRM-M/11355/2023disposed of

Bharti v. State Of Punjab And Others

2023-03-03Mr. Justice Jagmohan Bansal2 pages

In the High Court of Punjab and Haryana at Chandigarh CRM-M-11355 of 2023 Date of Decision: 03.03.2023 Bharti ---Petitioner versus State of Punjab and others ---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Vikas Kumar Dhariwal, Advocate for the petitioner Mr. Amish Sharma, AAG, Punjab **** JAGMOHAN BANSAL, J. (ORAL) The petitioner through the instant petition under Section 482 Cr.P.C., is seeking direction to respondents No. 1 to 3 and 5 to arrest respondent No. 6, his friends and family members in FIR No. 16 dated 27.01.2023, under Sections 376(2)(N), 506 IPC and Section 3(2) (V) of SC/ST Act, registered at Police Station Mataur, District SAS Nagar Mohali.

Learned counsel for the petitioner inter alia contends that on the complaint of petitioner aforesaid FIR has been registered, however, till date no accused has been arrested. The petitioner has made representations to different authorities, however, police is not looking into the matter.

Notice of motion.

Mr. Amish Sharma, AAG, Punjab, accepts notice on PARAMJIT KAUR SAINI 2023.03.03 14:31 I attest to the accuracy and authenticity of this order/judgment

CRM-M-11355 of 2023 -2behalf of the respondent-State.

Learned State counsel submits that jurisdictional authorities would certainly look into representations of the petitioner and do the needful.

I have heard learned counsel for the petitioner and perused the record.

In view of settled proposition of law, the police is bound to register FIR in case of cognizable offence, however, the investigating officer is not bound to arrest alleged accused at the behest of complainant unless and until he finds that there are reasons to arrest the accused. The Court cannot ask an investigating officer to arrest anyone unless and until it is found that there is gross misuse of power or abuse of process of law or favouratism on the part of police official.

In the case in hand, there is nothing on record indicating that police is misusing or abusing the process of law. In the above backdrop, this Court is sanguine of the fact that investigating officer will proceed in accordance with law and do the needful.

Disposed of.

( JAGMOHAN BANSAL ) JUDGE 03.03.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.03.03 14:31 I attest to the accuracy and authenticity of this order/judgment