High Court of Punjab and HaryanaCRM-M/49824/2022dismissed

Gurpreet Kaur v. State Of Punjab And Others

2022-11-16Mr. Justice Sandeep Moudgil5 pages

" # $ %%%%% "&& &

%%%%%& & '

( % & & (%

! " # $$$$$ & (# %

)

&'( ) )

+ , -

* ./

01 2,3

# **2 ! # !

,4 ,, (5(( # % 6 # * "

#2"

" "

+ -

% 2 "3.

That it is submitted that the petitioner submitted an application No. 142/NCST dated 25 2022, 123/NCST, dated 13 2022 against Mandeep Bhatia and others to the Punjab State Commission and the said application was marked for inquiry to SHO, P.S. Dasuya and he got conducted inquiry from ASI Harbhajan Singh, P.S. Dasuya, District Hoshiarpur and he found that the allegations of snatching of gold chain and demand of Rs. 10,00,000/ levelled by the petitioner were found to be false. The petitioner has also levelled allegations against Pooja, Sunita, Karnail Singh and Amit Kumar @ Laddda for doing her reiky etc. and the said allegations were found to be false in the inquiry and the above said persons namely Pooja, Sunita, Karnail Singh and Amit Kumar @ Laddda were found to have no concern with Mandeep Bhatia.

The petitioner has submitted application against her neighbourer for minor arguments. The inhabitants of mohalla of the petitioner gave, common statement that the petitioner is harassing them. The allegations regarding rapе upon her by Mandeep Bhatia, Mangal Singh and Sandeep Singh @ Deep were found to be false in the inquiry. The petitioner has not levelled allegations of rape in her earlier applications. From the recording of pandrive produced by the petitioner, the allegations of rape levelled by the petitioner were found to be false. The allegations levelled in the application bears no truth and as such the SHO, P.S. Dasuya, District Hoshiarpur recommended to file the application of the petitioner and sent the inquiry report to Senior Police Officer for approval. 4.

That it is humbly submitted that the petitioner Gurpreet Kaur submitted an application No.6800 PD, dated 09 (Annexure P

1) to the Senior Superintendent of Police Hoshiarpur against Station House Officer of Police Station

) Dasuya for violating the provisions of Section 154 Cr.P.C. for deliberately not registering the FIR on the basis of complaint filed in the month of December, 2020 which prima facie reveals the commission of cognizable offences as mandated by the Hon'ble Supreme Court of India in Lalita Kumari's case (Supra) and intentionally not arresting the accused as per Section 41 Cr.P.C., when the Police Officer received information that the accused may commit further offences and he is required to be prevented from doing so. The said application was marked for inquiry to SHO, P.S. Dasuya and he conducted inquiry into the matter and found that the petitioner submitted an application against Mandeep Bhatia and others for taking action against them that the opposite party also submitted an application No.

766 PD, dated 2022 against the petitioner and her mother Hardeep Kaur for committing fraud and for non payment of money. The petitioner also submitted an application No.211 Dasti dated 2022, against Mandeep Bhatia, Lovepreet Singh @ Gora, Mangal Singh, Deep and unknown persons for snatching her gold chain weighing 2 tola and for demand of Rs.10,00,000/ and the said application was inquired into by the then SHO, P.S. Dasuya, District Hoshiarpur and was found to be false by the then SHO, P.S. Dasuya and the same was recommended to be filed by the then SHO, P.S. Dasuya. The application No.766 PD, dated 23 2022, was filed on account of compromise between the petitioner and Mandeep Bhatia etc.

1) against Mandeep Bhatia, Mangal Singh and Sandeep Singh @ Deep for not taking action for committing rape upon her. In this regard the petitioner earlier submitted applications 142/NCST dated 25

2022, 123/NCST dated 13 2022 to the Punjab State Commission and the said applications were marked for inquiry to ASI Harbhajan Singh by SHO, P.S. Dasuya, District

Hoshiarpur and he conducted inquiry into the matter and found that no finding for committing rape upon the petitioner by Mandeep Bhatia and others took place in the inquiry and he recommended to file the said applications and the report of the said application has been sent to Senior Police Officers for approval. The inquiry report with regard to the allegations levelled in application No.6800 PD, dated 09 2022 has already been sent to the Senior Police Officers for approval. Therefore, the SHO, P.S. Dasuya, District Hoshiarpur recommended to file the aforesaid application bearing No. PD, dated 09 2022 (Annexure P

1) for approval.

That it is submitted that the application dated 13

2022 (Annexure P

3) was submitted by the petitioner to the Senior Superintendent of Police, Kapurhala and as such the answering respondents have no concern with the same. 6.

That it is submitted that the petitioner has filed false and frivolous petition against the answering respondents with a view to harass whereas the application (Annexure P

1) and other applications mentioned above submitted by the petitioner were inquired into by the Police of Distt. Hoshiarpur and the same were found to be false. Therefore, the present petition is liable to be dismissed."

* #

* *

% !

* )

* # #

)

! #

! :

& (

" # sham Whether speaking/reasoned Yes/No Whether reportable Yes/No