High Court of Punjab and HaryanaCRM-M/35467/2022allowed

Arshdeep Kumari @ Pooja v. State Of Punjab And Another

2022-12-13Mr. Justice Karamjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35467-2022 Date of Decision:-13.12.2022 ARSHDEEP KUMARI @ POOJA ... Petitioner(s)

Versus

STATE OF PUNJAB AND ANOTHER ... Respondent(s) -.-

CORAM:

HON'BLE MR. JUSTICE KARAMJIT SINGH -.- Present:- Mr. B.S. Bali, Advocate for the petitioner.

Mr. M.S. Nagra, AAG, Punjab.

-.- KARAMJIT SINGH , J. (Oral) Prayer is for grant of anticipatory bail in case having FIR No.51 dated 24.4.2022 registered under Sections 304, 34 IPC at Police Station Bhogpur, District Jalandhar.

Mr. Paras Khindri, Advocate puts in appearance on behalf of the complainant and has filed power of attorney, the same is taken on record. As per the allegations recorded in the FIR, deceased Raj Kumari wife of the complainant, who was pregnant, approached co-accused Mahinder Kaur mid-wife for delivery of child and there are allegations that GAURAV SOROT 2022.12.14 12:34 I attest to the accuracy and authenticity of this order, judgment and documents.

( 2 ) CRM-M-35467-2022 the present petitioner also helped aforesaid Mahinder Kaur in delivery of child and thereafter condition of Raj Kumari deteriorated and she died on the way to hospital.

The counsel for the petitioner inter alia contended that the petitioner has been falsely implicated in the present case and she never helped co-accused Mahinder Kaur in delivery of any child and now the petitioner has joined investigation with the police pursuant to previous order of interim dated 10.8.2022.

The State counsel on instructions from ASI Mahesh Kumar admitted that the petitioner has joined investigation with the police and further submits that the petitioner is not required by the police for any further investigation and now the police has recommended cancellation of the FIR.

In view of the above, without commenting on the merits of the case, the present petition is hereby allowed and order dated 10.8.2022 is hereby made absolute. The petitioner should abide by the conditions envisaged under Section 438(2) Cr.P.C.

( KARAMJIT SINGH) 13.12.2022 JUDGE Gaurav Sorot Whether reasoned / speaking?

Yes / No Whether reportable?

Yes / No GAURAV SOROT 2022.12.14 12:34 I attest to the accuracy and authenticity of this order, judgment and documents.