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High Court of Punjab and HaryanaCRM-M/37584/2020allowed

Bala Devi v. State Of Haryana

2020-12-22Mr. Justice Jasgurpreet Singh Puri3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRM-M-37584-2020 Bala Devi ....Petitioner

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State of Haryana .....Respondent CRM-M-39896-2020 Shamsher Singh ....Petitioner

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State of Haryana .....Respondent CRM-M-41524-2020 Parveen ....Petitioner

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State of Haryana .....Respondent CRM-M-41486-2020 Deepak ....Petitioner

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State of Haryana .....Respondent Date of Decision: 22.12.2020

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI Present :

Mr. Ravinder Malik, Advocate, for the petitioners.

Mr. Naveen Kumar Sheoran, D.A.G., Haryana.

Through Video Conferencing JASGURPREET SINGH PURI , J. (Oral) These four petitions are being taken up together as being inter

-2connected with each other.

These petitions have been filed under Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail to the petitioners in case FIR No.499 dated 19.08.2020, under Sections 323, 324, 452 of the Indian Penal Code (Sections 148, 149 and 326 of the IPC, which were added lateron by the police), registered at Police Station Assandh, District Karnal. The present FIR was lodged on the basis of a complaint made by one Bhag Singh son of Ramdiya, resident of Village Chorkarsa, Tehsil Assandh, District Karnal, against the four accused, namely, Shamsher Singh, Praveen, Deepak and Bala Devi, by alleging that they had entered into his house and attacked him and his family members with sticks and sickle. Various other allegations have been attributed to all the four accused in the FIR.

The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case. He has referred to Annexure P-3 whereby on 15.08.2020, petitioner-Bala Devi filed a complaint to the SHO, Women Police Station, Assandh, Karnal, against Bhag Singh (complainant in the present case) and some other persons that they had molested her daughter and various other allegations were also made against them. He has further submitted that on the basis of the aforesaid complaint, investigations were carried out by the police and after four days as a counter blast to the aforesaid complaint (Annexure P-3) given to the police, the present FIR has been lodged against the petitioners.

He has further submitted that when the aforesaid complaint (Annexure P-3) was investigated, the same culminated into the lodging of an FIR (Annexure P-4) on 25.08.2020 under Sections 34, 354-A,354-B and 506 of the IPC.

-3petitioners, the injury caused was only on the little finger and that was also self-inflicted injury.

Notice of motion in these cases were issued on different dates i.e. 12.11.2020 in CRM-M-37584-2020, 01.12.2020 in CRM-M-39896-2020 and 10.12.2020 in CRM-M-41524-2020 & CRM-M-41486-2020 and the petitioners were granted interim protection by this Court subject to joining of the investigation.

Today, Mr. Naveen Kumar Sheoran, Deputy Advocate General, Haryana, on instructions of HC Bir Singh, has submitted that in pursuance to the orders passed by this Court on 12.11.2020, 01.12.2020 and 10.12.2020, the petitioners have already joined investigation and they are fully cooperating with the investigation process and they are not required for custodial investigation.

In view of the above statement made by the learned State counsel, these petitions are allowed and the orders dated 12.11.2020 passed in CRM-M-37584-2020, 01.12.2020 passed in CRM-M-39896-2020 and 10.12.2020 passed in CRM-M-41524-2020 & CRM-M-41486-2020 are hereby made absolute.

(JASGURPREET SINGH PURI) 22.12.2020 JUDGE adhikari Whether speaking/non-speaking :

Yes/No Whether reportable :

Yes/No