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High Court of Punjab and HaryanaCRM-M/23102/2023disposed of

Rajesh Kumar v. State Of Punjab And Others

2023-05-08Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-23102-2023 -12023:PHHC:065792

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-23102-2023 Decided on : 08.05.2023 Rajesh Kumar ...... Petitioner

Versus

State of Punjab and others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Rishu Mahajan, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) 1.

Prayer in the instant petition is for issuance of appropriate direction to the official respondents to take legal action against respondents No.5 and 6 and conduct fair and impartial inquiry on the complaint dated 22.07.2022 (Annexure P-2).

2.

Learned counsel submits that vide complaint dated 22.07.2022 (Annexure P-2), the respondent No.2 had been duly intimated about threats of dire consequences and blackmails extended to the petitioner by respondent No.5 in connivance with her husband namely Jay Makhija. Learned counsel contends that despite respondent No.2 having been apprised about the commission of cognizable offence by the accused persons, the official respondents had failed to proceed against them under the provisions of law. It has been submitted that the official respondents were under a legal obligation to pass an appropriate order on his representation.

SONIA BURA 2023.05.08 17:35 I attest to the accuracy and integrity of this document

CRM-M-23102-2023 -22023:PHHC:065792 3.

Notice of motion.

4.

On the asking of the Court, Mr. Ramdeep Pratap Singh, Sr. DAG, Punjab, accepts notice on behalf of the respondent-State. 5.

In the wake of the limited prayer of the petitioner, the petition is disposed of and respondent No.2 i.e. Commissioner of Police, Amritsar, is directed to look into his grievance and take appropriate steps, if any required, under the provisions of law. However, if respondent No.2 does not find the commission of any cognizable offence as alleged or any substance in the allegations levelled in the complaint dated 22.07.2022 (Annexure P-2) then the petitioner shall be duly informed as per the parameters laid down by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh & Ors. 2013

(4) RCR (Criminal) 979.

(MANJARI NEHRU KAUL) JUDGE 08.05.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.05.08 17:35 I attest to the accuracy and integrity of this document