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High Court of Punjab and HaryanaCRWP/7800/2022dismissed

Pria Kaur v. State Of Punjab And Others

2022-11-11Mr. Justice Pankaj Jain3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 11.11.2022 Pria Kaur ....Petitioner

Versus

State of Punjab and others

...Respondent

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN Present :

Mr. Amandeep S. Gulati, Advocate for the petitioner.

Mr. Arun Gupta, Asstt. Advocate General, Punjab. PANKAJ JAIN, J. (ORAL) Today Status Report has been filed by way of affidavit of Deputy Superintendent of Police, Sub-Division Attari, Amritsar (Rural) on behalf of respondents No.1 to 3. The same is taken on record. Ld. State Counsel points out to Para Nos. 4 and 5 thereof to submit that the cancellation report has been prepared after detailed investigation. Para Nos.4 and 5 read as under :- "4.

That Gorakhnath father of respondent No.4 filed an application No.940-AP dated 27.04.2022 in the office of Senior Superintendent of Police, Amritsar (Rural) alleging false implication of his son Aman Kumar in the case and for the cancellation of the case after verification of the true facts. The aforesaid application was forwarded to the office of the predecessor of the deponent by the Senior Superintendent of Police, Amritsar (Rural) to verify and take appropriate action

-2during the investigation of the case, and to submit a detailed report at the earliest. The predecessor of the deponent submitted his detailed investigation report in the office of the Senior Superintendent of Police, Amritsar (Rural) concluding therein that during the investigation conducted by him, it was found that real name of respondent No. 4 was Aman Kumar and Balwinder Singh was a habitual drinker and on 10.04.2022, Balwinder Singh had consumed heavy liquor due to which he started vomiting and later he died on 11.04.2022 during the treatment at Arora Hospital, Amritsar. Binder Kaur, complainant of the present case also presented an affidavit, where she had stated that Balwinder Singh was a habitual drinker and on 10.04.2022, he had consumed heavy liquor, due to which he died during the treatment. Hence the respondent No. 4 and 5 were found to be innocent and a recommendation for filing of a cancellation report was made by him to the Senior Superintendent of Police, Amritsar (Rural).

5. That the petitioner filed an application No.1540-AP dated 24.08.2022 in the office of respondent No. 2 for the protection of life and liberty from respondent No. 4 and 5. The territorial jurisdiction of the incident falls under the area of Senior Superintendent of Police, Amritsar (Rural), so the aforesaid application was forwarded to Senior Superintendent of Police, Amritsar (Rural) for further action, which was further forwarded to respondent No.3 by Senior Superintendent of Police, Amritsar (Rural), who joined the petitioner in the enquiry for verification of the alleged facts. The petitioner had stated that she had demanded security due to the threat from respondents No.4 and 5 but now she do not want any security and do not want any action on any of her complainant."

Faced with this situation, Ld. Counsel for the petitioner submits that in view thereof the present petition has been rendered

-3infructuous.

Ordered accordingly.

November 11, 2022 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No