Rajwinder Kaur v. State Of Punjab And Others
CRM-M-46468-2023 (O&M) 2023:PHHC:122253
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-46468-2023 (O&M) Date of decision: 15.09.2023 Rajwinder Kaur ....Petitioner versus State of Punjab and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. R.S.Bains, Senior Advocate with Mr. Gopal Singh Nahel, Advocate for petitioner. Mr. Dhruv Dayal, Additional AG Punjab.
***** ARUN MONGA, J. (ORAL) Instant is a petition under Section 482 Cr.P.C. for issuance of directions to respondents No.2 to 4 not to harass and humiliate the petitioner and her family members as petitioner is not required in any case.
2.
Learned Senior counsel for petitioner submits that petitioner is an international Athlete and she is the wife of Harkirat Singh. She is residing along with her minor daughter aged about 15 years who is studying in Class 10th. On 05.09.2023 at about 6:30 a.m., when petitioner was alone along with her daughter in the house then a team of Vigilance Bureau comprised of 6/7 officials entered the house of the petitioner forcibly. When she asked for the reason, Vigilance Bureau team told the petitioner that husband of the petitioner is required for their investigation in case FIR No.1, dated 21.02.2023 registered under Sections 406, 420, 465, 467, 468, 471, 384, 120-B IPC, at Punjab State Crime Police Station, SAS Nagar, Crime Wing.
When petitioner asked for search warrant or any documents against her husband, the team led by unknown officers got annoyed and they started interrogating the petitioner in front of her minor daughter. Petitioner requested the team that since she is not required in the case and even her husband is not available at home, they should leave her house as this atmosphere will adversely effect her minor daughter. But the Vigilance team did not pay any heed to her requests and forcibly detained the petitioner and her daughter in their house illegally. They interrogated the petitioner for about five hours. The team left the house at about 11:30 a.m. During this period, the Vigilance team not only interrogated the petitioner but also threatened the petitioner by showing videos.
Even while leaving, the Vigilance team had also taken two mobile phones i.e Samsung A30s and Samsung Galaxy J7 VANDANA 2023.09.
CRM-M-46468-2023 (O&M) 2023:PHHC:122253 of the petitioner having mobile No. 6280646738. Petitioner apprised the team that the examinations of her daughter are about to start and the syllabus of examination and other study material of her daughter was sent by the school on her phones only but the Vigilance team did not pay any heed to the requests of the petitioner and they forcibly and illegally took her mobile phones with them. While leaving, Vigilance team also took the DVR of the CCTV cameras installed at the house of the petitioner along with them. 2.
1 He further submits that neither petitioner is required in any Criminal Case nor the police has shown/ provided any document against her husband in the abovesaid FIR but she has been unnecessarily harassed by the Vigilance team, by raiding her house and also illegally taking the mobile phones of the petitioner. At the most, it is the husband of the petitioner who may be required in any case and petitioner has no concern and she is being harassed unnecessarily by the Vigilance team. There is no FIR registered against the petitioner. She submitted a representation 10.09.2023 (Annexure P-3) before respondents No.2 to 4 but to no avail. Hence, the instant petition. 3.
On advance service of copy of petition, learned State counsel appears and strenuously opposes the instant petition. He submits that he has no instructions in this regard as Investigating Officer has not come present in this case. 4.
In the premise, petition is disposed of with a direction to the official respondents to issue a notice under Section 160 Cr.P.C. in writing for calling the petitioner for any enquiry, in case there is any FIR registered against the petitioner. 5.
Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE 15.09.2023 vandana Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No VANDANA 2023.09.21 09:33 I attest to the accuracy and integrity of this document