Jatinder Kaur v. State Of Punjab & ORS

Crl. Misc. No. M-39079 of 2017 [ 1 ]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Crl. Misc. No. M-39079 of 2017 Date of Decision : October 13, 2017 Jatinder Kaur..........................................................Petitioner

Versus

State of Punjab and others ................................. Respondents CORAM : HON'BLE MRS. JUSTICE LISA GILL ...

Present:

Mr. Ankit Rana, Advocate for the petitioner.

...

LISA GILL, J. (Oral) Prayer in this petition filed under Section 482 Cr.P.C. reads as under:- "It is, therefore, respectfully prayed that the present petition, may kindly be allowed by directing the official respondents to carry out the re-investigation in the complaint dated 28.12.2016 (Annexure P-1) submitted by the petitioner in a proper and fair manner and further directing the official respondents to register a case against the respondents No. 5 to 8 and other persons who are pressurizing the petitioner to withdraw the complaint as well as the case pending against them and harassing and threatening the petitioner and her family members with the dire consequences without any reason or basis and further directing that matter be investigated by some other independent investigating agency or by some Senior Police Official,, in the interest of justice."

Rupinder Kaur 2017.10.14 14:13 I attest to the accuracy and integrity of this document It is to be noted that in respect to the allegations raised by the

Crl. Misc. No. M-39079 of 2017 [ 2 ] petitioner against respondents No. 5 to 8 regarding harassment and illtreatment meted out to her on account of bringing less dowry the petitioner has effective alternate remedy/remedies available to her. It has been held by Hon'ble the Supreme Court in Sakiri Vasu v. State of U.P and others 2008

(1) RCR (Criminal) 392 that there should be no interference by this Court in exercise of powers under Section 482 Cr.P.C. when a specific remedy is available to the petitioner. No ground is thus made out for any interference in this respect. Needless to say the petitioner is at liberty to seek recourse to the remedy/remedies as may be available to her in this respect. However, it is noted that the petitioner has raised an apprehension of threat to her life and liberty in para 6 of the complaint dated 06.09.2017 (Annexure P4). It is submitted that no action thereon has been taken by the police officials despite specific allegations in this respect. Keeping in view the facts and circumstances of the case but without expressing any opinion on the merits thereof, this petition is disposed of with a direction to respondent No.

3 to look into the allegations giving rise to an apprehension of threat to the life and liberty of the petitioner and take necessary action, if any/as may be required in accordance with law. In respect to the other allegations it is reiterated that the petitioner is at liberty to avail the remedy/remedies available to her. ( LISA GILL ) 13.10.

Yes / No Rupinder Kaur 2017.10.14 14:13 I attest to the accuracy and integrity of this document