Beant Kaur v. State Of Punjab And Others
CRM-M-31883-2021 [ 1 ]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-31883-2021 Date of Decision: 02.12.2021 Beant Kaur..........................................Petitioner
Versus
State of Punjab and others ................. Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...
Present:
Mr. Buta Singh Bairagi, Advocate for the petitioner.
...
MANJARI NEHRU KAUL, J. (Oral) Learned counsel is seeking directions to respondents No. 1 to 4 for registration of FIR under Sections 354, 452, 323, 325 IPC by considering MLR report vide No. MLR/17/HS/CH/FDK/2019 and in view of General Diary No. 11 dated 22.09.2019.
Learned counsel contends that on 20.09.2019 at about 06:30 P.M. the petitioner in the presence of her husband and in her own house was physically assaulted by respondents No. 5 to 7 with an intention to molest her, as a result of which her clothes also were torn. Learned counsel further submits that even though soon after the occurrence in question she was admitted in a hospital where she was medically treated and a DDR No. 11 dated 22.09.2019 was registered at Police Station Sadar, Faridkot (Annexure P3), the investigating agency failed to initiate appropriate action RUPINDER KAUR 2021.12.03 12:24 I attest to the accuracy and integrity of this document against the private respondents. It has been submitted that instead of
CRM-M-31883-2021 [ 2 ] initiating action under the provisions of law against the private respondents the police closed the matter by filing a Kalandara under Sections 107/151 Cr.P.C. vide Annexure P4 dated 29.07.2021. A prayer has therefore been made to issue directions to the official respondents to register FIR under the relevant Sections of IPC or in the alternative to decide the representation Annexure P5 given to respondent No.3 on 29.07.2021. I have heard the learned counsel and perused the material on record.
This court is not inclined to invoke its inherent jurisdiction under Section 482 Cr.P.C. for issuance of directions as prayed for, for the registration of FIR under Sections 354, 452, 323, 325 IPC. In case the petitioner is aggrieved on account of any inaction on the part of the official respondents, instead of knocking on the doors of this court, she would be well advised to avail of the alternative remedies available to her under the provisions of law in the light of the directions given by the Hon'ble Supreme Court in Sakiri Vasu v. State of U.P. and others 2008 (2) SCC 409.
Disposed of in the above terms.
( MANJARI NEHRU KAUL) 02.12.2021 JUDGE rupi Note: Whether speaking/reasoned Yes / No Whether Reportable:
Yes / No RUPINDER KAUR 2021.12.03 12:24 I attest to the accuracy and integrity of this document