High Court of Punjab and HaryanaCRM-M/47285/2017disposed of

Harbhajan Kaur & ORS v. State Of Punjab & ORS

2023-05-10Mr. Justice Jagmohan Bansal2 pages

CRM-M-47285-2017 -12023:PHHC:067425

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-47285-2017 Date of Decision : 10.05.2023 Harbhajan Kaur and others ......... Petitioners

Versus

State of Punjab and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr.Pankaj Bhardwaj, Advocate for the petitioners.

Ms.Guramrit Kaur, DAG, Punjab.

**** JAGMOHAN BANSAL , J. (Oral) The petitioners through instant petition under Section 482 Cr.P.C. are seeking directions to respondents No.1 to 3 to register FIR against respondents No.4 and 5 under Section 302, 201 and 120-B of IPC. Learned counsel for the petitioners inter alia contends that daughter of petitioner No.1 has died in mysterious circumstances on 07.07.2016. The police has not registered FIR, even though there are specific allegations by the petitioners against respondents No.4 and 5 i.e. husband and mother-in-law of the deceased.

Learned State counsel pointing out state reply submits that the matter was initially investigated at the level of Senior Superintendent of Police, Headquarter, Patiala and it was concluded that it is not a case of murder. There is no evidence of administering poison to the deceased who was suffering from mental sickness.

ANJU GOEL 2023.05.11 10:08 I attest to the accuracy and integrity of this document

CRM-M-47285-2017 -22023:PHHC:067425 On request of the petitioners, the matter was further investigated by Senior Superintendent of Police, Security Traffic, Patiala who also came to a conclusion that there is no evidence of administering poison, thus, there is no ground to register FIR against respondents No.4 and 5. It was further concluded that there is possibility that deceased had died due to depression.

In view of the fact that twice the matter has been investigated at the level of Senior police officials, there is no ground to direct the police to register FIR against respondents No.4 and 5. The petitioners have remedy to file complaint qua their allegations.

Learned counsel for the petitioners, at this stage, submits that petitioners may be granted liberty to approach the trial Court for the redressal of their grievance.

The petitioners are at liberty to move an appropriate application before the trial Court in accordance with law. Disposed of.

( JAGMOHAN BANSAL ) JUDGE 10.05.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.11 10:08 I attest to the accuracy and integrity of this document