Resham Singh And ANR v. State Of Punjab And Others

CRM-M-44481-2023 (O&M) 2023:PHHC:117153

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-44481-2023 (O&M) Date of decision: 05.09.2023 Resham Singh and another ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Armaan Gagneja, Advocate for the petitioner.

Mr. Dhruv Dayal, Additional AG, Punjab.

***** ARUN MONGA, J. (ORAL) Instant is a petition,inter alia, under Section 482 Cr.P.C. for issuance of directions to respondents No.2 to 5 to prohibit the local police from visiting the house of petitioners and not to interfere in the lives of petitioners except in accordance with law. Further prayer has been made not to harass the petitioners and their other family members unnecessarily, by repeatedly calling them to the police station, without complying with the provisions of Section 160 Cr.P.C., regarding foisting some false case. 2.

Learned counsel for petitioners submits that son of the petitioners, namely, Manpreet Singh is named as an accused in FIR No.31 dated 22.02.2023, registered under Sections 307, 326, 324, 323, 148 read with Section 149 IPC and Sections 25 and 27 of Arms Act, 1959, at Police Station, Sadar, Sri Muktsar Sahib.

2.1.

Learned counsel for petitioners further argues that since the day the said FIR has been registered against son of petitioners, their son has VANDANA 2023.09.11 19:01 I attest to the accuracy and integrity of this document

CRM-M-44481-2023 (O&M) 2023:PHHC:117153 stayed away from the house and the petitioners have no idea about the hideouts of their son. They have not been in contact with him since the day of the FIR. However, petitioners and their family members are being unduly harassed and pressurized by respondent No.5-SHO of Police Station, Sadar, District Muktsar Sahib.

2.2 He would further canvass that no FIR has been registered against the petitioners. They and their family members are being repeatedly called by respondents No.4 and 5 without complying with the mandatory provisions of Section 160 Cr.P.C.

3.

Learned State counsel submits that reply is yet to be filed. However, he on instructions submits that in the specified FIR respondents No.4 and 5 would comply with the mandatory provisions of the Cr.P.C., including the provisions of Section 160 Cr.P.C., before calling petitioners, in case the petitioners are not involved in any other case. 4.

In the premise, present petition is disposed of with a direction to the official respondents to issue a notice under Section 160 Cr.P.C. in writing before calling the petitioners for any enquiry, in case there is no FIR registered against the petitioners.

5.

Pending application(s), if any, shall also stand disposed of. ( ARUN MONGA ) JUDGE 05.09.2023 vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2023.09.11 19:01 I attest to the accuracy and integrity of this document