Manpreet Kaur v. State Of Punjab And Others

In the High Court of Punjab and Haryana at Chandigarh Date of Decision: 13.03.2023 Manpreet Kaur ---Petitioner versus State of Punjab and others ---Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. P.S.Virk, Advocate for Mr. G.S.Randhawa, Advocate for the petitioner Mr. Amish Sharma, AAG, Punjab **** JAGMOHAN BANSAL, J. (ORAL) The petitioner through the instant petition under Section 482 Cr.P.C. is seeking directions to official respondents to conduct fair and transparent investigation in FIR No. 009 dated 5.2.2019, under Sections 420, 494 and 498-A IPC, registered at Police Station Ghanie Ke Bangar, Police District Batala, District Gurdaspur. The petitioner is further seeking direction to official respondents to consider and decide grievance of the petitioner as raised in representation dated 7.9.2022.

Learned counsel for the petitioner inter alia contends that aforesaid FIR was registered on 5.2.2019 and till date no accused has been arrested. The prime accused i.e. Harwinder Singh son of Sucha

-2Singh is residing in Australia and investigating officer has not initiated any coercive step against Harwinder Singh. Status report by way of affidavit of Sarvanjit Singh, Deputy Superintendent of Police, Fatehgarh Churia, Police District Batala on behalf of respondents No. 1 to 4 is taken on record. Registry is directed to tag the same at an appropriate place. Learned State counsel while pointing out status report submits that all accused except Harwinder Singh have been found innocent and petitioner has filed complaint against those persons before Magistrate. With respect to Harwinder Singh, learned State counsel submits that appropriate steps including proceedings under Section 82 Cr.P.C. and look out notice would be initiated in the due course of investigation.

I have heard arguments of both sides and perused the records.

From the perusal of the record, it is evident that prime grievance of the petitioner is that despite registration of FIR in 2019, accused have not been arrested. From the status report and submissions of learned State counsel, it is quite evident that except Harwinder Singh all other accused have been found innocent and petitioner has already availed remedy against them, thus, no order against private respondents except Harwinder Singh is warranted. With respect to Harwinder Singh, who is staying in Australia, the Court is sanguine of the fact that investigating officer would expeditiously take all steps against Harwinder Singh including

-3proceedings under Section 82 Cr.P.C. and issuance of look out notice during the course of investigation.

Disposed of.

( JAGMOHAN BANSAL ) JUDGE 13.03.2023 paramjit Whether speaking/reasoned : Yes/No Whether reportable : Yes/No