High Court of Punjab and HaryanaCRM-M/16279/2023disposed of

Kxxx Rxxx v. State Of Punjab And Others

2023-04-10Mr. Justice Jagmohan Bansal2 pages

CRM-M-16279-2023 -12023:PHHC:048213

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-16279-2023 Date of Decision : 10.04.2023 KXXX RXXX ......... Petitioner

Versus

State of Punjab and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.N.K.Manchanda, Advocate for the petitioner.

Mr. Amish Sharma, Asstt. A.G., Punjab.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 482 Cr.P.C. is seeking directions to respondents No.2 to 4 to conduct fair and proper investigation and take legal action against respondents No.5 to 10 with respect to her representation dated 10.03.2023. Learned State counsel, who is present in Court on advance notice, submits that the petitioner lodged an FIR No.19 dated 05.02.2022 at Police Station Mamdot, District Ferozepur, under Section 376 of IPC and Section 4 of POCSO Act against respondent No.5. The police conducted investigation. The petitioner compromised the matter with respondents and asked the Investigating Officer to file cancellation report. The police filed cancellation report. The trial Court summoned complainant and victim and recorded their statements. On the basis of statements of complainant and victim, the Additional Sessions Judge (Fast Track Court), Ferozepur vide order dated 22.02.2023 accepted cancellation report. ANJU GOEL 2023.04.10 17:48 I attest to the accuracy and integrity of this document

CRM-M-16279-2023 -22023:PHHC:048213 In view of acceptance of cancellation report, the police has no authority to register fresh FIR for the same cause of action. On being confronted with afore-stated facts, learned counsel for the petitioner submits that his grievance would be redressed if police authorities are directed to look into her representation. Learned state counsel on instructions from ASI Gurcharan Singh submits that the jurisdictional authority would look into the representation of the petitioner and take appropriate steps to redress the grievance of the petitioner.

In view of the statement made by learned State counsel, this Court is sanguine of the fact that the jurisdictional authority would look into the representation of the petitioner and do the needful.. Disposed of.

( JAGMOHAN BANSAL ) JUDGE 10.04.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.04.10 17:48 I attest to the accuracy and integrity of this document