Sukhjinder Kaur v. State

CRWP 852 of 2017 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRWP 852 of 2017 (O&M) Date of decision : 11.8.2017 ...

Sukhjinder Kaur ................Petitioner vs.

State .................Respondent Coram: Hon'ble Mr. Justice H. S. Madaan Present: Ms. Jaspreet Kaur, Assistant Advocate General, Punjab. ...

H. S. Madaan, J. (Oral) A complaint submitted by Mrs. Sukhjinder Kaur w/o Gora Singh r/o Bholuwala, Tehsil and District Faridkot, dated 14.7.2017 was received in this Court contending therein that on 14.7.2017, itself at about 5.00 A.M. police of Police Station CIA Staff, Faridkot had come to her residence and then took away her sons Simranjit Singh @ Sonu and Tarsem Singh @ Vikki, although they had not committed anything wrong and she had an apprehension that such police officials could implicate her sons in some false cases. Therefore, necessary action in the matter be taken.

This complaint was treated as criminal writ petition (habeas corpus) No. 852 of 2017. When the petition came up for hearing on 31.7.2017, SSP Faridkot was directed to submit a detailed report in the matter. Reply by way of affidavit of Mr. Jastinder Singh Dhaliwal, PPS, Deputy Superintendent of Police, Faridkot, has been

CRWP 852 of 2017 (O&M) -2filed. A perusal of the reply goes to show that FIR No. 86 dated 8.7.2016 under Sections 397/34 IPC and 25 of Arms Act, was registered against four unknown persons at Police Station Sadar, Faridkot, on the basis of statement of complainant Dheeraj Kumar s/o Darshan Lal r/o Balaji Colony Faridkot, that on the said day four unknown persons had come to his petrol pump and snatched away 15,000/- cash from Amit Kumar by putting him in the fear of death using pistol in the incident, in as much as, one shot from the pistol was fired on Amit Kumar, which had hit him on his back and he had fallen down, then all the assailants had fled from the spot. It has further been stated that on 13.7.

2017, police had nominated accused Balwinder Singh @ Bagga s/o Garib Singh r/o Bholuwala Road, Faridkot, Simarjit Singh @ Sonu s/o Gora Singh, Parminder Singh s/o Harjinder Singh and Tarsem Singh @ Vicky s/o Gora Singh - all residents of Bholuwala, on the basis of statement of Dheeraj Kumar - complainant. The police had conducted raids on the residences of all the accused, but they could not be arrested. However, on 15.7.2017, when the police party had laid a naka at canal minor, Pakhi Kalan link road to Bholuwala, then all the four accused, so named, were apprehended and formally arrested in this case. It has been contended that Simarjit Singh @ Sonu is involved in 8 other criminal cases, whereas Tarsem Singh @ Vicky and Balwinder Singh @ Bagga, are involved in one such case each and Parminder Singh is involved in two such cases.

In view of this report, no further action in the matter is called

CRWP 852 of 2017 (O&M) -3for as regards this Court. The complainant - applicant may avail of any remedy available to her under the law, in view of the matter. Dismissed.

( H.S. Madaan ) Judge 11.8.2017 chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No