Seema Rani v. State Of Punjab And Others

CRM-M-52329 of 2021 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-52329 of 2021 Date of decision:09.02.2022 Seema Rani ... Petitioner Vs.

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Kamal Narula, Advocate for the petitioner.

SUVIR SEHGAL, J. (Oral) Heard through video conferencing.

Instant petition has been filed under Section 482 Cr.P.C seeking direction to official respondents No.2 and 3 to investigate FIR No.243 dated 04.09.2021 registered under Sections 365, 368, 342, 343 of Indian Penal Code, 1860 at Police Station Sadar Fazilka, District Fazilka (Annexure P-1), wherein, Section 376 IPC was added later on, vide DDR No.33, dated 21.10.2021 (Annexure P-4) in a fair and impartial manner and to take action on basis of representation dated 18.11.2021 (Annexure P-5) moved by the petitioner.

Counsel for the petitioner submits that at the instance of the petitioner, FIR (Annexure P-1) was registered against accused-respondents No.4 and 5. However, thereafter, the said respondents started pressurizing the petitioner and her family members and threatening them. He submits SAVITA KADIAN 2022.02.10 17:30 I attest to the accuracy and authenticity of this document High Court Chandigarh

CRM-M-52329 of 2021 {2} that on 15.09.2021, they kidnapped the petitioner and raped her and on the basis of complaint of petitioner, offence under Section 376 IPC was added vide DDR No.33 dated 21.10.2021 (Annexure P-4). Counsel submits that investigating agency was bound to register a fresh case, which they failed to do and petitioner has submitted a representation dated 18.11.2021 to Senior Superintendent of Police, District Fazilka-respondent No.2, in this connection. He submits that the petitioner will be satisfied in case a direction is issued to the concerned respondent to look into the representation.

Request made by counsel for the petitioner is just and fair. Without examining the allegations levelled in the petition or in the representation, at this stage, the present petition is disposed of with a direction to Senior Superintendent of Police, District Fazilka-respondent No.2 to consider the representation dated 18.11.2021 (Annexure P-5) and thereafter, to take appropriate steps as warranted, in accordance with law. A copy of this order alongwith copy of representation, Annexure P-5 be sent to the Senior Superintendent of Police, District Fazilka- respondent No.2 to enable him to do the needful expeditiously. (SUVIR SEHGAL) February 09, 2022 JUDGE savita Whether Speaking/Reasoned Yes Whether Reportable Yes/No SAVITA KADIAN 2022.02.10 17:30 I attest to the accuracy and authenticity of this document High Court Chandigarh