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High Court of Punjab and HaryanaCWP/17642/2023dismissed

Bhinder Kaur v. State Of Punjab And Others

2026-04-09Mr. Justice Jagmohan Bansal3 pages

CWP No.17642-2023(O&M) -1103 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.17642-2023(O&M) Date of Decision: 09.04.2026 Bhinder Kaur ....Petitioner vs.

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Kehar Singh Hissowal, Advocate for the petitioner Mr. Aman Dhir, DAG, Punjab Mr. Gurinder Singh Dhillon, Advocate for respondents No. 4 and 5 *** JAGMOHAN BANSAL, J. (ORAL) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to state authorities to reinvestigate the matter arising out of FIR No.131 dated 31.05.2021, under Sections 353, 186, 332, 188, 148, 149 of IPC and Section 51 of Disaster Management Act, 2005, registered at Police Station Kotwali Nabha (Annexure P-1).

2.

The petitioner claims that she has been raising hue and cry from the day one and even has approached National Scheduled Caste Commission, New Delhi which passed stern orders against official respondents. She has moved many representations against respondents but

CWP No.17642-2023(O&M) -2nothing has come out. She filed CRM -M -6740-2022 before this Court which was disposed of vide order dated 24.02.2023 as not maintainable. 3.

As per affidavit dated 16.07.2024, petitioner's husband is involved in eight FIRs besides FIR in question. The details of FIRs are as below:- (i) FIR No. 09 dated 22.02.1993, U/s 324, 323, 148, 149 IPC, Police Station Bhadson, District Patiala, in which, he was acquitted by the Ld. Court of JMIC, Nabha vide judgment dated 06.07.1994.

(ii) FIR No. 220 dated 12.11.2000, U/s 379, 452, 323, 341, 506, 148, 149 IPC, Police Station Bhadson, District Patiala, in which, he was acquitted by the Ld. Court of JMIC, Nabha vide judgment dated 10.05.2003 as the matter was compromised.

(iii) FIR No. 104 dated 11.09.2003, U/s 452, 423, 506, 34 IPC,Police Station Kotwali Nabha, District Patiala, in which, cancellation report has been accepted by the Ld. Court of JMIC, Nabha on 07.10.2016.

(iv) FIR No. 55 dated 02.06.2009, U/s 323, 341, 148, 149 IPC, Police Station Bhadson, District Patiala, in which, cancellation report has been accepted by the Ld. Court of JMIC, Nabha on 02.08.2010.

(v) FIR No. 35 dated 14.11.2007, U/s 9 of PC Act, Police Station Vigilance Bureau, Patiala, in which, he was acquitted by the Ld. Court of Special Judge, Patiala on 04.01.2011.

(vi) FIR No. 34 dated 10.05.2017, U/s 279, 337 IPC, Police Station Bhadson, District Patiala, in which, Raj Singh has been nominated as an accused.

(vii) FIR No. 105 dated 16.10.2018, U/s 384 IPC, Police Station Kotwali Nabha, District Patiala, which is under trial.

CWP No.17642-2023(O&M) -3- (viii) FIR No. 50 dated 04.06.2019, U/s 188, 283 IPC, Police Station Sadar Nabha, District Patiala."

4.

The Police investigated the matter and thereafter report under Section 173 Cr.P.C. was filed before trial Court on 01.07.2021. Police report was filed against Raj Singh, Bhinder Kaur (present petitioner), Nirmal Singh, Tarsem Kumar, Shamsher Singh, Joginder Singh and Amandeep. After further investigation, supplementary report under Section 173(8) Cr.P.C. was presented before trial Court on 31.10.2023 and now trial is pending. The police has conducted investigation in legal and proper manner. The petitioner and other accused assaulted police officials in a public office and obstructed them while discharging their official duties. They preferred CRM-M-6740-2022 and CWP-10165-2023. Both the petitions were dismissed as not maintainable.

5.

Learned State counsel submits that charges stands framed and even two witnesses stand examined, thus, there is no occasion to reinvestigate the matter.

6.

The investigating agency has already filed Police Report, trial Court has already taken cognizance and even two witnesses stand examined. There seems no occasion to order further or reinvestigation. 7.

Dismissed.

8.

Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 09.04.2026  Whether speaking/reasoned: Yes Whether reportable:

No