Shamsher Singh v. State Of Punjab And Others
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Decided on : 12.04.2023 Shamsher Singh . . . Petitioner(s)
Versus
State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Ms. Bhagyashri, Advocate for Mr. Ashish Aggarwal, Advocate for the petitioner(s).
Mr. J.S. Arora, DAG, Punjab assisted by ASI Gurwinder Singh, P.S. Sultanwind. Mr. Prikshit Thakur, Advocate for Mr. Rahul Bhargava, Advocate, for respondent No.4. **** SANJAY VASHISTH , J. (Oral) Petitioner - Shamsher Singh, aged about 69 years, has filed present petition for seeking direction to conduct impartial inquiry in the complaints, if any, made by respondent No.4. It has also been prayed therein that petitioner and his family members be not unnecessarily harassed by calling them at the police station under the pretext of conducting investigation in the complaints moved by private respondent No.4, who is none, but daughter-in-law of the petitioner.
On 23.11.2022, following order was passed:- "Order dated 23.03.2022, passed by the coordinate Bench of this Court says as under:- "Petitioner is father-in-law of respondent No.4. Son of the petitioner (husband of respondent No.4) is residing with the petitioner. Respondent No.4 along with her two children is residing separately. Grievance of the petitioner is that respondent
- 2 - No.4 along with some unknown persons came to his house and broke certain articles besides extending threats to him. He apprehends danger to his life at the hands of respondent No.4.
Notice of motion to respondent No.4, only at this stage for 16.05.2022."
Learned State counsel on instructions from ASI Baljinder Singh, submits that matter has already been enquired and according to official respondents No.1 to 3, no criminal case is made out.
Mr. Rahul Bhargava, Advocate, puts in appearance on behalf of respondent No.4 and submits that there are multifarious litigations between respondent No.4 and her husband, and he needs some time to file reply with the details of all such cases.
Adjourned to 17.01.2023."
Thereupon, reply dated 13.02.2023, was also filed by respondent No.4, which is available on record. As per contents of said reply, it is admitted fact that respondent No.4 is married to Vikram Pal Singh, who is son of the petitioner. Respondent No.4 has already filed an application/petition under Section 12 of the Protection of Women from Domestic Violance Act, 2005, which is pending before the Court of Illaqa Magistrate, Amritsar. In the said reply, respondent No.4 has also explained that by committing fraud by the petitioner and his son - Vikram Pal Singh, she has been made to face proceedings under Section 138 of the Negotiable Instruments Act, 1881.
On the other hand, learned State counsel, on instructions from ASI Gurwinder Singh, P.S. Sultanwind, informs the Court that complaint moved by the petitioner has already been examined and same has been consigned to the record room, without taking any action thereon. Learned State counsel also informs the Court that petitioner and
- 3 - his family members have not been called at Police Station Sultanwind, Amritsar, for conducting any inquiry in the complaints moved by respondent No.4.
Therefore, relying upon the statement of ASI Gurwinder Singh, made before this Court, no direction is required to be issued by this Court to the respondents.
Petition stands disposed of accordingly.
However, it is made clear that in case any application/complaint is moved by respondent No.4 against the petitioner and his family members, no unnecessary harassment would be caused by calling them time and again in the Police Station, except in due course of law. (SANJAY VASHISTH) JUDGE April 12, 2023 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No