High Court of Punjab and HaryanaCRM-M/15379/2022disposed of

Sulochana v. State Of Punjab And ORS

2022-08-09Mr. Justice Suvir Sehgal2 pages

CRM-M-15379-2022 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-15379-2022 Date of decision:09.08.2022 Sulochana ... Petitioner Vs.

State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL

Present:

Mr. Rohit Sharma, Advocate and Ms. Vertika, Advocate for Mr. Lupil Gupta, Advocate for the petitioner. **** SUVIR SEHGAL J. (ORAL) Instant petition has been filed under Section 482 of Code of the Criminal Procedure, 1973, (for short - "the Code") seeking direction to official respondents No.2 to 4 to take action against private respondents No.5 and 6 and to inquire into complaint dated 28.02.2022, Annexure P-4, submitted by the petitioner. Another prayer has been made for initiating suo motu proceedings under Section 340 of the Code against the private respondents.

Counsel for the petitioner submits that the petitioner was married to respondent No.5 in 2012, who ousted the petitioner from her matrimonial home in 2014 and was habitual of physically assaulting her. It has been submitted that respondent No.5 has filed a petition seeking SHEETAL 2022.08.16 11:44 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-15379-2022 -2divorce, which is pending and he has performed second marriage with respondent No.6, even though the marriage with the petitioner is subsisting. Counsel submits that the petitioner has submitted a complaint dated 28.02.2022, Annexure P-4, with the official respondents, which is not being looked into. He submits that the petitioner would be satisfied, in case, a direction is issued to the official respondents to examine the same.

Notice of motion to respondents No.1 to 4 only at this stage. On asking of the Court, Mr. Prabhjot Singh Walia, AAG, Punjab, accepts notice on their behalf. As per instructions received by her from ASI Dayal Chand, he submits that complaint, Annexure P-4, is pending.

Having heard counsel for the parties, but without commenting upon the allegations made in the petition or in the complaint, instant petition is disposed of with a direction to the Senior Superintendent of Police, Fazilka - respondent No.3 to examine the complaint, Annexure P2, and to take suitable action thereon, as warranted in accordance with law.

09.08.2022 (SUVIR SEHGAL) sheetal JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SHEETAL 2022.08.16 11:44 I attest to the accuracy and integrity of this document Chandigarh