Dr. Rachna Singh v. State Of Ut Chandigarh And Others

In The High Court for the States of Punjab and Haryana At Chandigarh CRM-M-39380-2019 (O&M) Date of Decision:-17.9.2019 Dr. Rachna Singh ... Petitioner

Versus

State of U.T., Chandigarh and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Deepak Nayar, Advocate for the petitioner. ***** GURVINDER SINGH GILL, J.(Oral) The learned counsel for the petitioner submits that he had submitted a representation dated 27.9.2018 (Annexure P-1) to Senior Superintendent of Police, U.T., Chandigarh for registration of a case against her husband and other members of his family as she had been subjected to cruelty at the hands of her husband and other members of his family. It has been submitted that since no action was taken on the said representation, the petitioner had earlier approached this Court by way of filing CRM-M-3266 of 2019, wherein a direction was issued by this Court on 9.5.2019 to the Senior Superintendent of Police, U.T., Chandigarh to look into the complaint and to take action accordingly.

The learned counsel for the petitioner has further submitted that pursuant to passing of the aforesaid order dated 9.5.2019, the Senior Superintendent of Police, U.T., Chandigarh has chosen to transfer the matter Pankaj Kakkar 2019.09.18 11:41 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-39380-2019 (O&M) to Senior Superintendent of Police, Hoshiarpur vide letter dated 6.6.2019 (Annexure P-3) on the ground that territorial jurisdiction falls in Hoshiarpur, whereas infact the petitioner is a resident of U.T., Chandigarh and other litigations with her husband are also pending in the Courts at U.T., Chandigarh.

Having heard the learned counsel for the petitioner, respondent No.2-Senior Superintendent of Police, U.T., Chandigarh is directed to reconsider the matter pertaining to the complaint in question especially as regards the transfer of matter in light of ratio of judgment of Hon'ble the Supreme Court in Rupali Devi Versus State of Uttar Pradesh and others, 2019 SCC OnLine SC 493.

A copy of this order alongwith letter dated 6.6.2019 (Annexure P-3) be sent to respondent No.2-Senior Superintendent of Police, U.T., Chandigarh so as to enable him to do the needful expeditiously preferably within a period of two months from today.

17.9.2019 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No Pankaj Kakkar 2019.09.18 11:41 I attest to the accuracy and integrity of this document