Ravinder Kaur Bumra v. State Of Punjab And Others

PANKAJ KUMAR 2021.08.16 12:16 I am the author of this document CRM-M No.28712 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.24134 of 2021 in/and CRM-M No.28712 of 2021 (O&M) Date of Decision:13.08.2021 (Heard through VC) Ravinder Kaur Bumra

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR Present:- Mr. Neeraj Yadav, Advocate for the petitioner.

Mr. A.S.Gill, Sr DAG., Punjab.

**** JAISHREE THAKUR, J.

(ORAL)] CRM No.24134 of 2021 At the very outset, counsel for the applicant-petitioner prays for reading the head note of the application as an application filed under Section 482 Cr.P.C instead of application under Section 151 CPC. Ordered accordingly.

Prayer in the application is for preponement of the date of hearing of the main petition, which is now listed for 09.11.2021. For the reasons stated in the application, the same is allowed and the hearing of the main petition is preponed for today itself. CRM-M No.28712 of 2021 Counsel for the petitioner seeks a direction to be issued to the trial court, Amritsar to conduct proceedings in case 'State Vs. Cancellation Report etc.' culminating out of FIR No.0144 dated 29.12.2017 registered under Sections 354, 354-A, 506, 509 IPC and Sections 67, 67(A) of the IT Act at Police Station Islamabad, District Amritsar on a day to day hearing.

CRM-M No.28712 of 2021 (O&M) -2It is argued that the petitioner being a victim of sexual assault by her employee, who is politically influenced, got registered an FIR bearing No.144 dated 29.12.2017 under Sections 354, 354-A, 506, 509 IPC and Sections 67, 67(A) of the IT Act at Police Station Islamabad, District Amritsar, however, the investigating authorities chose to file a cancellation report in the Court. On notice, the petitioner herein filed objections to the said cancellation report, which is pending consideration. However, by an order dated 24.02.2021, Judicial Magistrate 1st Class directed that the matter be treated as a complaint case and has listed the matter for the complainant's witnesses. The matter has been pending since the FIR was registered in the year 2017, however, as on date, there is no culmination to the FIR. Learned counsel appearing for the petitioner makes a limited prayer for the complaint case to be taken up on a day to day hearing basis since the petitioner herein is seeking redressal of her grievance for the past 3 1⁄2 years.

I have heard learned counsel for the petitioner and in view of the limited prayer made, do not find any ground to direct for a day to day hearing in the protest petition which has been now treated as a complaint case. This Court is well aware of the fact that on account of COVID-19 pandemic, courts are not functioning at their full strength, however, let an endeavour be made to conclude the proceedings as expeditiously as possible. The instant petition is disposed of with aforesaid observations. (JAISHREE THAKUR) August 13, 2021 JUDGE Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No