Sharmila Devi v. State Of Haryana And ORS.

In the High Court of Punjab and Haryana at Chandigarh CRWP-11737 of 2021(O&M) Date of Decision: 27.02.2023 Sharmila Devi ---Petitioner versus State of Haryana and others ---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Vijay Sheoran, Advocate for Mr. B.R.Kaushik, Advocate for the petitioner Ms. Dimple Jain, AAG, Haryana **** JAGMOHAN BANSAL, J. (ORAL) On 13.02.2023, following order was passed by this Court:- "The petitioner, through the instant criminal writ petition under Article 226 of the Constitution of India, is seeking direction to respondents No. 1 to 5 to register FIR under correct Sections and to provide police protection to the petitioner from the hands of private respondents. Learned State counsel, at the outset, submits that challan stands presented against three out of four alleged accused. Charges stand framed against them under Sections 325, 506 and 34 IPC.

Learned counsel for the petitioner, on being

-2confronted with this fact, submits that petitioner, her husband and other family members have again been attacked by private respondents and their lives are in danger.

Learned State counsel is directed to verify factum of attack upon the petitioner, her husband and other family members."

Status report by way of affidavit dated 24.02.2023 of Mukesh Kumar, Deputy Superintendent of Police, Kosli, District Rewari filed on behalf of respondents No. 1 to 5 is taken on record. Registry is directed to tag the same at an appropriate place. As per the status report, the husband of the petitioner is in custody in a case under Negotiable Instruments Act. He is also involved in other cases under the same Act. The investigating officer has recorded statement of petitioner as well as of other villagers and it has not inspired that petitioner has required police protection. The relevant paragraphs of status report read as:- "7.

That on dated 16.02.2023 Inspector SHO Jitender Police Station Jatusana reached at the Village Nangal Pathani and verified the matter in connection of present petition and also recorded the statements of the villagers, respondents as well as petitioner wherein, it has not inspired that the petitioner has required the police protection. The statements of the villagers and the petitioner are hereby annexed with Annexure R-1 (Colly) with this status report.

8. That the husband of the petitioner was not found in the

-3village Nangal Pathani as he is in judicial custody in a case of Negotiable Instrument Act bearing case No. 121 of 2017 pending before SDJM, Kosli and it has further apprised that following cases are pending against the husband of the petitioner wherein, warrant of arrest of husband of the petitioner already issued and the details of the cases are as under:-

9. 1.- NIA ACT 159/2021 2.- NIA ACT 145/2019 3- NIA ACT 96/2021 4- NIA ACT 71/2021 And the same were pending before learned SDJM, Kosli. 9.

That the trial of present case is pending before the Ld. trial court and next date is fixed for 24/05/2023 at the stage of prosecution witnesses and no prosecution witnesses has been examined till today.

10.

That after the aforesaid occurrence, no other occurrence or no scuffle was took place between the parties. As per verification, no threat was given by the private respondents to the present petitioner after the aforesaid occurrence."

In view of the status report, no further order is warranted. Disposed of.

27.02.2023 ( JAGMOHAN BANSAL ) paramjit JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No