High Court of Punjab and HaryanaCRM-M/27572/2018disposed of

Jaswinder Kaur v. State Of Punjab And ORS

2018-08-29Lok Adalat Bench - 12 pages

CRM-M-27572-2018 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM-M-27572-2018 Date of decision: 29.08.2018 Jaswinder Kaur ..... Petition

Versus

State of Punjab and others ..... Respondent

CORAM:

HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Ms. Karmanjot Kaur, Advocate for Mr. Rajesh Kapila, Advocate for the petitioner. Mr. Davinder Bir Singh, DAG, Punjab.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for issuance of directions to respondents No. 2 and 3 to protect the life and liberty of the petitioner and her family members at the hands of private respondents No. 4 to 7 and to take appropriate legal against them for causing grievous injuries to her, after trespassing into her house. According to the status report filed by learned State counsel in the shape of affidavit of Sh. Harinder Singh, PPS, Deputy Superintendent of Police, Sub Division Dera Baba Nanak, District Batala, the allegations of the petitioner against private respondents No. 4 to 7 are false. As per their enquiry, no injury was caused by the private respondents to the petitioner. Therefore, the petitioner had obtained false MLR No. PS/15/18 dated 19.05.2018.

However, only some abuses had exchanged in between them. The above reply filed by the learned State counsel is not worth reliance, in view of the fact that a fracture cannot be self-inflicted. The RISHU KATARIA 2018.09.

CRM-M-27572-2018 -2petitioner has suffered fracture in her left hand. No person of ordinary prudence fractures any portion of his body to falsely implicate someone. Therefore, prima facie, the allegation of the petitioner against private respondents No. 4 to 7 seems to be correct.

Consequently, reply/status-report filed by learned State counsel is rejected, with a direction to respondents No. 2 and 3 to provide full protection to the life and liberty of the petitioner and her family members at the hands of private respondents No. 4 to 7. In case, any mis-happening takes place with the petitioner, in that eventuality, respondents No. 2 and 3 shall be personally responsible for the same. Disposed of.

August 29, 2018 ( RAMENDRA JAIN ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2018.09.01 12:28 I attest to the accuracy and integrity of this document