Sonia And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Criminal Writ Petition No. 11313 of 2021 (O&M) Date of Decision: 01.12.2021 Sonia and another .......... Petitioners

Versus

State of Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. G.S. Verma, Advocate for the petitioners. Mr. Sandeep Singh Deol, Deputy Advocate General, Punjab [ Through Video Conferencing ] **** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioners allege, that in an incident which occurred on 05.11.2021 at about 9.00 to 9.30 p.m., at Ludhiana i.e. Sant Pura, Dhuri Line, Phatak No. 2, Milarganj, Ludhiana, the respondents No. 4 to 10 entered into their house, and, thereafter inflicted injuries on their respective persons. They contend that the relevant reporting, as, made to the authorities concerned, and, as enclosed in Annexure P-5, has remained inactioned. Therefore, the petitioners pray, that a mandamus be issued, upon the police authorities concerned, to register an FIR against the respondents (supra), and, that thereafters, theirs also making fair investigation.

2.

Even though, the afore made prayer before this Court, cannot be granted, as the remedy available to the petitioners, is to file a petition under Section 156 (3) Cr.P.C., before the learned Magistrate concerned. 3.

However, given the submission, made at the Bar, by the learned State Counsel, that the petitioners are arrayed as accused in FIR No. 271 of DINESH KUMAR 2021.12.06 13:08 I attest to the accuracy and integrity of this document 16.11.2021 lodged at police station Ludhiana Division No. 6, thereupon, it

C.R.W.P. No. 11313 of 2021 (O&M) -2appears that co-petitioners, are nursing a grievance, with respect to their version qua the afore incident being not entered into the register, appertaining to records of FIR, nor it became investigated by the police authorities concerned.

4.

Therefore, given the peculiarity of the afore fact, this Court deems it fit to not order the petitioners, to recourse the mandate embodied in Section 156(3) Cr.P.C. Contrarily, a direction is made upon the official respondents, to enter in the relevant register, the petitioners' cross-version, with respect to the FIR (supra), lodged at the police station concerned, and thereafter, conduct fair investigations thereinto. 5.

With the afore directions, the petition is disposed of. December 01, 2021 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2021.12.06 13:08 I attest to the accuracy and integrity of this document