Kamaljit Singh v. State Of Punjab And Others

CRM-M-49361-2022 (O&M) - 1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-49361-2022 (O&M) Date of Decision: 21.08.2024 Kamaljit Singh .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Ms. Alisha Soni, Advocate for the petitioner. Ms. Aakanksha Gupta, A.A.G., Punjab.

*** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 482 Cr.P.C. is for directing the respondents to de-seal the residential accommodation of the petitioner bearing Quarter No.23-B, Housing Board Colony, Near Samadh Baba Sahib Dass Ji, Sangrur, Tehsil and District Sangrur; and for direction to the respondents not to restrain the petitioner, under the garb of pendency of FIR No. 123 dated 20.08.2022 (Annexure P-1), registered at Police Station City-1, Sangrur, District Sangrur under Sections 306 and 201 IPC, from using the aforesaid residential accommodation, and to restrain the respondents from interfering in the possession of the petitioner in the said property.

CRM-M-49361-2022 (O&M) - 2At the very outset, learned counsel for the State has drawn attention of this Court to the status report dated 19.12.2022 filed by way of an affidavit of the Deputy Superintendent of Police, Sub Division, Sangrur on behalf of respondents No. 1 and 3, wherein para 5 reads as under:- "5. That the petitioner has filed the present petition u/s 482 Cr.P.C. for directing the respondents to deseal the residential accommodation of the petitioner bearing quarter No. 23-B, housing Board Colony, Near Samadh Baba Sahib Dass, Sangrur and to direct the respondents, not to restrain the petitioner, under the garb of pendency of FIR No. 123(P-1) dated 20.08.2022, u/s 306,201 IPC P.S.

City-1 Sangrur for using the above said residential accommodation and to restrain the respondents from interfering in the possession of the petitioner in the said property. In this regard, it is submitted that Amanpal Kaur after killing her minor daughter Bhavna Singh by strangulating her with the help of Chunni and then she herself committed suicide by hanging with the ceiling fan installed in drawing room of quarter No. 23-B Housing Board Colony, Near Samadh Baba Sahib Dass, Sangrur and dead bodies of Bhavna Singh and Amanpal Kaur were found lying on the bed in the drawing room of said quarter. During ongoing investigation verification was made from the officer of Deputy Commissioner, Sangrur regarding allotment/occupation of quarter No. 23-B housing Board Society Sangrur and the said office vide letter No. 17728/MA dated 15.09.

2022 has intimated that vide order No. 37/MA dated 18.05.2021, the said quarter was allotted to Smt.

CRM-M-49361-2022 (O&M) - 3Kaur on 18.05.2021 and after this occurrence, the said quarter was vacated by Smt. Harpal Kaur on 12.07.2022. It is further submitted that neither the said quarter was sealed by the Local Police nor there is any kind of interference except the due course of law in completing the investigation of the case. Hence, question of de-sealing the said quarter and restraining the petitioner from using the above said residential accommodation and interfering in the possession of petitioner does not arise in any manner."

Learned counsel for the petitioner also does not dispute the submissions made by learned counsel for the State. In view of the facts as noticed above, no further directions are required to be issued in the matter; and the present petition stands disposed of.

Pending application, if any, stands disposed of. 21.08.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No