Bimla v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 109) CRM-M-38445 of 2020 Date of Decision: 24.11.2020 Bimla

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMOL RATTAN SINGH Present:- Mr. Hoshiar Singh, Advocate, for the petitioner. Mr. Dhruv Dayal, Sr. DAG, Punjab.

Mr. Salil Bali, Advocate, for the complainant. Amol Rattan Singh, J. (Oral) All the cases listed today have been taken up for hearing by way of video conferencing because of the situation existing due to the Covid-19 pandemic.

By this petition, filed under the provisions of Section 482 of the Cr.P.C., the petitioner seeks transfer of investigation in FIR no.126 dated 06.07.2019, registered for the commission of offences punishable under Sections 376-D and 506 of the IPC, at Police Station Guru Harsahai, District Ferozepur, to some senior police officer not less in rank than a Superintendent of Police, with a further prayer made that legal action be taken against the accused named in the said FIR, as per law. Notice of motion to respondents no.1 to 3 only, with Mr. Dhruv Dayal, learned Sr. DAG, Punjab, accepting notice on their behalf on the asking of the court and submitting that, as per his instructions received from ASI Jaspal Chand, upon the matter having been enquired into upon a complaint having been made by the petitioner to the DGP, Punjab, in fact one of the accused in the matter was not found to be present at the place of VIKAS CHANDER 2020.11.27 12:37 I attest to the accuracy and integrity of this document

109) CRM-M-38445 of 2020 -2occurrence and consequently a cancellation report has been prepared, which however still is to be approved by the SSP, Ferozepur. That being so, without making any comment whatsoever on the actual merits of the case, this petition is disposed of with the observation that obviously if any such cancellation report is filed and accepted by the SSP and is presented before the competent court, the petitioner would be at liberty to avail of her remedy in accordance with law, against any such cancelation report.

It is to be noticed here that even prior to notice of motion having been issued in this petition today (to the State only), Mr. Salil Bali, Advocate, has appeared for respondents no.4 and 5. 24.11.2020 (AMOL RATTAN SINGH) vcgarg JUDGE Whether reasoned/speaking: Yes Whether reportable:

No VIKAS CHANDER 2020.11.27 12:37 I attest to the accuracy and integrity of this document