High Court of Punjab and HaryanaCRWP/5432/2023disposed of

Meenu Arora And Another v. State Of Punjab And Others

2023-06-01Mr. Justice Gurvinder Singh Gill2 pages

2023:PHHC:079980 In the High Court for the States of Punjab and Haryana At Chandigarh CRWP-5432-2023 (O&M) Date of Decision:-01.06.2023 Meenu Arora and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. G.S.Jagpal, Advocate for the petitioners. ***** GURVINDER SINGH GILL, J.(Oral)

1. Learned counsel for the petitioners submits that Sachin Arora who is husband of petitioner No.1 and father of petitioner No.2 went missing from his house on 29.4.2023 and in respect of which petitioner No.1 lodged FIR i.e. FIR No. 101, dated 01.05.2023, Police Station Haibowal, Ludhiana, under Section 346 IPC (Annexure P-1). It has been submitted that members of the family of husband of petitioner No.1 have now been blackmailing the petitioners so as to get them involved in some police case and several police officials at their behest have been raiding the house of the petitioners in order to harass them. It has been submitted that although the petitioners submitted a MOHAN SINGH 2023.06.01 16:01 I attest to the accuracy and authenticity of this order/judgment

CRWP-5432-2023 (O&M) ( 2 ) 2023:PHHC:079980 representation dated 22.5.2023 (Annexure P-2) to respondent No.2Commissioner of Police, Ludhiana, but to no avail.

2. Having heard the learned counsel for the petitioners, but without making any comment as regards the merits of the assertions made in the petition, the instant petition is disposed of with a direction to respondent No.2Commissioner of Police, Ludhiana, to ensure that in case any of the petitioners is required to be associated with any inquiry or investigation in the capacity of a witness, then due compliance of provisions of Section 160 Cr.P.C shall be made. In case, any of the petitioners is required to be associated in the capacity of an accused, then provisions of Section 41 Cr.P.C. shall be duly complied with.

3. A copy of this order be sent to respondent No.2-Commissioner of Police, Ludhiana, for necessary compliance.

4. It is however, made clear that the aforesaid directions shall not be construed to confer any kind of immunity upon the petitioners in case it is found that they have committed any wrong and is not to be treated as any kind of "stay" of proceedings which are required to be conducted in accordance with law. 01.06.2023 ( GURVINDER SINGH GILL ) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No MOHAN SINGH 2023.06.01 16:01 I attest to the accuracy and authenticity of this order/judgment