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High Court of Punjab and HaryanaCRM-M/22061/2024disposed of

Meenakshi Khosla Alias Raj Kumari Khosla And Another v. State Of Punjab

2024-07-22Ms. Justice Kirti Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-22061-2024 Decided on : 22.07.2024 MEENAKSHI KHOSLA ALIAS RAJ KUMARI KHOSLA AND ANOTHER . . . Petitioner(s)

Versus

STATE OF PUNJAB . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Rajesh Punj, Advocate and Mr. Sahaj Punj, Advocate for the petitioners.

Mr. Vinay Kumar, DAG, Punjab.

**** KIRTI SINGH, J. (Oral) Prayer in the present petition filed under Section 438 Cr.P.C., is for grant of anticipatory bail to the petitioners, in case FIR No.7 dated 10.02.2024, under Sections 420, 467, 468, 471, 120-B of IPC, registered at Police Station NRI Ludhiana, District Ludhiana. 2.

Learned State counsel while referring to Paragraph No.1 of short reply filed on 17.07.2024 submits that petitioners were not accused in the present FIR and they are not wanted by the police in this FIR, therefore, present petition is infrucutous. Paragraph No.1 of short reply is reproduced as under :

"1.

That the petitioners have filed the present Petition u/s 438 Cr. P.C. for grant of anticipatory bail in case FIR No.7 dated 10.02.2024, u/s 420, 467, 468, 471, 120-B IPC, P.S. NRI, Ludhiana (Annexure P-1). In this regard, it is humbly submitted that the petitioners are not the accused in the said FIR and they are not wanted by the police in the said FIR. Therefore the present petition is infructuous and is not maintainable at all."

KAVITA NAIN 2024.07.23 16:32 I attest to the accuracy and integrity of this document order/judgment

CRM-M-22061-2024 - 2 - 3.

Learned counsel for the petitioners submits that since the investigation is going on in instant FIR and has not reached at conclusive stage, therefore, in case custodial interrogation of the petitioners are required or the investigating authority decides to arrest them, they may be granted at least seven days prior notice for taking appropriate legal remedies according to Section 438 Cr.P.C. before this Court.

4.

Lastly, the learned counsel for the petitioners has placed reliance upon the judgment passed by this Court rendered in the case of "Karnail Singh Vs State of Punjab (CRM-M-8507-2024)", "Harinderjeet Singh and another Vs State of Punjab (CRM-M-50399-2021)", "Siddharth Chattopadhyaya Vs. State of Punjab and another (CRM-M-47822-2023 (O&M))" and "Taranjeet Singh @ Bawa Vs State of Punjab and others (CRM-M-37918-2021)".

5.

Thus, in view of the observations made hereinabove, present petition stands disposed of as infructuous with a direction that in case the petitioners are to be arrested in present FIR, they would be served with seven days advance notice.

6.

All pending applications, if any, also stand disposed of. (KIRTI SINGH) JUDGE July,22 2024 Kavita Nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2024.07.23 16:32 I attest to the accuracy and integrity of this document order/judgment