Bholi Devi v. State Of Punjab And ORS

CRM-M-14179-2019 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-14179-2019 (O&M) Date of Order:04.04.2019 Bholi Devi ..Petitioner

Versus

State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Dr. Puneet Kaur Sekhon, Advocate for the petitioner.

ANIL KSHETARPAL, J(Oral) This petition has been filed with the following prayers:- "Petition under Section 482 of the Code of Criminal Procedure praying for issuance of direction to the official respondents to conduct a fair & impartial investigation from an independent agency i.e. CBI or constituting a Special investigation Team of Indepe3ndent Officers not below of rank of SP/IPS Officers in case FIR No.6 dated 16.11.2018 u/s 18 of NDPS Act, 1985 registered at Polcie Station, State Special Operation Cell, SAS Nagar, Mohali where in Sukhdev Singh alias Sukha husband of the petitioner has been falsely involved after picking him from his fields at village Hotipur, Tehsil Moonak, District Sangrur where he was sowing the wheat crop by the respondent no.6 along with 14/15 police officials in civil dresses.

Further prayer for quashing the inquiry report dated 16.02.2019 conducted by the respondent no.4 in a biased manner, without investigating the actual presence of Sukhdev Singh alias Sukha on the place of incident where the alleged recovery of opium is effected from the NARESH KUMAR 2019.04.

CRM-M-14179-2019 (O&M) -2accused persons.

AND Any other order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

An FIR against the son of the petitioner has been registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. Petitioner claims that she has made representation to the Director General of Police as well as to the Chairman of the Punjab State Women Commission, Section 17, Chandigarh. The son of the petitioner also filed a similar petition which was disposed of while granting liberty to the petitioner to pursue the representation already submitted. From reading Annexure P-5, it is apparent that a detailed enquiry has already been conducted by associating the petitioner by a senior officer. It has been found that the petitioner is also involved in various other cases and no merit was found in the allegations made by the complainant.

In these circumstances, this court does not find it to be a fit case for issuing directions under Section 482 of the Code of Criminal Procedure. Dismissed.

April 04, 2019 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.04.10 10:19 I attest to the accuracy and integrity of this document Chandigarh