High Court of Punjab and HaryanaCRM-M/41341/2020disposed of

Sita v. State Of Punjab And Others

2020-12-09Mr. Justice Jasgurpreet Singh Puri3 pages

Through Video Conference

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-41341-2020 (O&M).

Decided on: December 09, 2020.

Sita .. Petitioner

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Ms.Neetu Singh Aashat, Advocate, for the petitioners.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 482 Cr.P.C. for issuing appropriate directions to respondent Nos.2 and 3 to look into the subject matter and for a further direction to respondent No.4 to register FIR against respondent No.5, as per law. Learned counsel for the petitioner has submitted that he had given detailed representation (Annexure P1), to the Senior Superintendent of Police, Hoshiarpur, in which it has been stated that the

petitioner is a widow and is living at her home with her 12 years old son. In the second week of April 2019, her brother-in-law (Jeth) who is respondent No.5 in the present petition came to her when her son had gone to tuition and while she was alone, he started saying that his wife quarrels with him and that he wants to marry the petitioner after getting divorce from his wife and thereafter various other allegations have been levelled in the complaint. Learned counsel for the petitioner has submitted that despite sending representation (Annexure P1), to the Senior Superintendent of Police, Hoshiarpur, no action has been taken in this regard. It is further submitted that respondent No.5 is also pressurising the petitioner to withdraw the complaint given against him.

Notice of motion to respondent Nos.1 to 4, only at this stage.

On asking of the Court, Mr.Mehardeep Singh Dulat, Addl. A.G., Punjab, accepts notice on behalf of State and states that he has no objection in case prayer of the petitioner to a limited extent for deciding the representation (Annexure P1) in accordance with law is considered. In view of above this Court is satisfied that in view of the averments made in the petition and representation (Annexue P1), it will be just and proper to direct the Senior Superintendent of Police, Hoshiarpur, to consider the representation (Annexure P1) and pass appropriate orders in accordance with law within a period of two weeks after the receipt of certified copy of the order.

The Senior Superintendent of Police, Hoshiarpur, would

also assess the threat perception to the petitioner and take adequate measures, if required, in accordance with law. Disposed of accordingly.

It is made clear that scope of the present order is only to the extent of deciding the representation (Annexure P5) in accordance with law and does not mean anything on the merits of the controversy between the parties, at this stage.

December 09, 2020.

JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No