Dalbir Kaur v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision : February 13, 2025 DALBIR KAUR -PETITIONER V/S STATE OF PUNJAB AND ORS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Raghav Soni, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

Mr. Navkiran Bajwa, Advocate with Mr. Robin Bawa, Advocate for the respondent No.6.

Mr. A.P.S. Shergill, Advocate with Ms. Shagun Goyal, Advocate for the respondent No.7.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, prayer is made for setting aside the Special Investigation Team bearing SIT No.12256-59/A3 dated 08.04.2024, which has been constituted for conducting investigation in respect of FIR No.14 dated 26.02.2009, under Sections 420, 406, 477, 308, 468, 467, 471 of the IPC, registered at P.S. Raja Sansi, District Amritsar.

2.

The learned counsel for the petitioner submits that, the S.I.T. has been constituted at the behest of the respondent No.5, who is the batch-mate of the respondent No.6. Therefore, there is every likelihood that the S.I.T. will not conduct fair investigation.

3.

This Court has perused the entire available record, however, does not find any cogent material or evidence, which could substantiate the bald allegations made by the petitioner.

4.

What has surged forth from a studied survey of the record is that, the genesis of the FIR (supra) is embodied in the complaint made by the respondent No.7 against one Sadha Singh (petitioner's husband). However, on account of the demise of Sadha Singh occurring on 12.12.2009, proceedings against him were abated and without conducting further investigation into the offence, a Cancellation Report was filed by the S.H.O., P.S. Raja Sansi, Amritsar, on 20.10.2014. However, this Cancellation Report was not accepted by the S.D.J.M., Sub-Division Ajnala, Amritsar, and vide order dated 04.11.2014, directions were issued for conducting further investigation. Accordingly, after conducting further investigation, an Untraced Report was filed by the S.H.O. before the S.D.J.M. on 23.12.2021, but, the same was also not accepted. 5.

Thereafter, the competent authority, after obtaining appropriate orders from the Magistrate, constituted an S.I.T., vide order dated 08.04.2024, for the purpose of conducting further investigation. The S.I.T concluded its investigation with the recommendation for nominating Sukhdev Singh, ALM, Electricity Department, petitioner- Dalbir Kaur wife of Sadha Singh, Harpal Singh son of Sadha Singh, Surinder Singh Ex. Sarpanch, Bhagat Singh Ex. Sarpanch and Kuldeep Kaur Ex. Sarpanch, residents of Jhanjoti, as co-accused in the FIR (supra). 6.

Taking into account the progress (supra), as made in the present case, coupled with the lack of any material or evidence in support

of the petitioner's bald allegations, this Court is not inclined to grant the asked for relief.

7.

In summa, the instant writ petition is dismissed, being devoid of merits.

(KULDEEP TIWARI) February 13, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No