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High Court of Punjab and HaryanaCRWP/10046/2022dismissed

Harpreet Kaur And ANR v. State Of Punjab And Others

2023-01-12Mr. Justice Sanjay Vashisth3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 12.01.2023 Harpreet Kaur and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: None for the petitioner(s).

Mr. Anmol Singh Sandhu, AAG, Punjab for respondents No.1 to 3.

Mr. Kamal Narula, Advocate for respondents No.4, 5, 6, 8, 9, 10, 12 & 13. **** SANJAY VASHISTH , J. (Oral) At the outset, learned State counsel has filed the status report dated 30.12.2022, by way of affidavit of Aaswant Singh, PPS, Deputy Superintendent of Police, Sub-Division Phul, District Bathinda, on behalf of respondent No.1 to 3, in Court today. Same is taken on record, subject to all just exceptions. Office to tag the same at appropriate place. Learned State counsel points out that there are several criminal cases registered, and same have been detailed in para No.3 of the status report.

Paras No.4 & 5 of the aforesaid status report says as under:- "4.

That it was further found mentioned in the above mentioned report that Petitioner No.1 Harpreet Kaur had moved representation dated 01.04.2022, before the police authorities, for taking against the private respondents and protection of their life, liberty & property but during the pendency of the enquiry proceedings on the said representations, petitioner No.1 Harpreet Kaur had recorded her statement before the enquiry officer, that

- 2 - they had filed a case before the Ld. Court at Phul, as such, she does not want to initiate any action on her application(s). On which, the above mentioned applications moved by the petitioner No.1 was ordered to be filed.

5.

That on receipt of the representation dated 12.10.2022 (Annexure P-4) in the office of Respondent No.2, the same was entrusted to Respondent No.3 for the purpose of enquiry and report, which was looked into through ASI Amritpal Singh No.971/BTI posted at Police Station Dialpura. Who during the course of enquiry proceedings had tried to join the petitioners and private respondents in the enquiry proceedings but an the house of the petitioners is lying locked and mobile numbers of the petitioners are lying switched off, as such, petitioners had not joined the enquiry proceedings.

On contrary, private respondents had got recorded their statements with the enquiry officer, in which, it was mentioned by them that accused persons including the petitioners had committed cheating with them worth Lakhs of Rupees and their passports, study documents are lying with the accused persons including the petitioners, in order to get back their money and documents peaceful demonstration was conducted by them in front of the house of the petitioners, however, no threat of life or property was ever given by them to the petitioners but petitioners in order to escape from their liability is leveling false allegations qua them. However, in order to conclude the enquiry proceedings in respect of application dated 12.10.

2022 (Annexure P-4) cooperation of the petitioners is required to the police but as FIR(s) stood registered against the petitioner(s), petitioners(s) are avoiding their arrest and had filed the present petition on false facts. It was further mentioned in the report that in case petitioners joins the investigation in respect of above mentioned case FIR(s) stands registered against them and enquiry proceedings in respect of representation dated 12.10.2022 (Annexure P-4), answering respondents undertakes to provide the adequate protection to the petitioners.

However, it is further stated that the answering respondents undertakes to strictly comply with each and every direction as passed by this Hon'ble Court, in true letter and spirits.

- 3 - It is, therefore, respectfully prayed that the status report by way of affidavit is presented before this Hon'ble Court, in compliance with the order dated 20.10.2022, passed by this Hon'ble Court."

In view of the stand taken by the respondents in their status report, it appears that no substantial ground is left with the petitioners to agitate by way of present petition. Besides, there is no representation on behalf of the petitioners.

Dismissed for non-prosecution.

(SANJAY VASHISTH) JUDGE January 12, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No